Landmark Cases in US Juvenile Justice (New Jersey) by The Advocacy Foundation, Inc.

The e-Advocate Quarterly Magazine

Landmark Cases in US Juvenile Justice New Jersey

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â&#x20AC;&#x153;Helping Individuals, Organizations & Communities Achieve Their Full Potential Vol. II, Issue VI â&#x20AC;&#x201C; Q-2 April| May| June 2016

The Adolescent Law Group

Landmark Cases in US Juvenile Justice New Jersey “Helping Individuals, Organizations & Communities Achieve Their Full Potential

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John C Johnson III, Esq. Executive Director ______

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Landmark Cases in US Juvenile Justice New Jersey â&#x20AC;&#x153;Helping Individuals, Organizations & Communities Achieve Their Full Potential

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Table of Contents Chronology of US Supreme Court Decisions Constitutional Rights of Children In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967) In re Winship, 397 U.S. 358, 90 S.Ct. 1068 (1970) McKeiver v. Pennsylvania, 403 U.S. 528, 91 S.Ct. 1976 (1977) Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779 (1975) Oklahoma Publishing Company v. District Court in and for Oklahoma City, 480 U.S.308, 97 S.Ct.1045 (1977) Smith v. Daily Mail Publishing Company, 443 U.S. 97, 99 S.Ct.2667 (1979) Shall v. Martin, 467 U.S. 253, 104 S.Ct. 2043 (1984)

First Amendment Issues Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) Bethel School District No. 403 v. Frazier, 478 U.S. 675 (1986) Board of Education v. Pico, 457 U.S. 853 (1982) Tinker v. des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969) Ginsberg v. New York, 390 U.S. 629 (1968) Wisconsin v. Yoder, 406 U.S. 205 (1972)

The New Jersey Court System Juvenile Justice in New Jersey The New Jersey Juvenile Code (N.J.S.A. 2A:4A-20, et seq.) State Landmark Cases (New Millenium) 1. 2. 3. 4. 5.

Search & Seizure a. NJ v TLO, 469 US 325 (1985) Incarceration of Minors (JINS) a. State In The Interest of M.C. (Firearms) Restitution a. State In The Interest of R.V. Evidence a. State In The Interest of J.R., 165 N.J. Super. 346, 398 A.2d 150 (App. Div. 1979) 10 US Supreme Court Cases Every Teen Should Know Copyright ÂŠ 2014 The Advocacy Foundation, Inc. All Rights Reserved.

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Landmark Cases in US Juvenile Justice US Supreme Court Decisions* Chronology

Issues arising from juvenile delinquency proceedings rarely come before the U.S. Supreme Court. Beginning in the late 1960's, however, the Court decided a series of landmark cases that dramatically changed the character and procedures of the juvenile justice system.

* Cases Not Shepardized

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Constitutional Rights of Children

In re Gault 387 U.S. 1, 87 S.Ct. 1428 (1967) In 1967 a landmark U.S. Supreme Court decision gave juveniles accused of crimes the same due process rights as adults. The case involved Jerry Gault, who, at 14, was given a seven-year sentence for a prank phone call. Case Summary Gerald Gault, age 15, was on probation in Arizona for a minor property offense when, in 1964, he and a friend made a crank telephone call to an adult neighbor, asking her, "Are your cherries ripe today?" and "Do you have big bombers?" Identified by the neighbor, the youth were arrested and detained. The victim did not appear at the adjudication hearing, and the court never resolved the issue of whether Gault made the "obscene" remarks. Gault was committed to a training school for the period of his minority. The maximum sentence for an adult would have been a $50 fine or 2 months in jail. An attorney, obtained for Gault after the trial, filed a writ of habeas corpus that was eventually heard by the U.S. Supreme Court. The issue presented in the case was that Gault's constitutional rights (to notice of charges, counsel, questioning of witnesses, protection against selfincrimination, a transcript of the proceedings, and appellate review) were denied. The Court ruled that in hearings that could result in commitment to an institution, juveniles have the right to notice and counsel, to question witnesses, and to protection against selfincrimination. The Court did not rule on a juvenile's right to appellate review or transcripts, but encouraged the States to provide those rights. The Court based its ruling on the fact that Gault was being punished rather than helped by the juvenile court. The Court explicitly rejected the doctrine of parens patriae as the founding principle of juvenile justice, describing the concept as murky and of dubious historical relevance. The Court concluded that the handling of Gault's case violated the due process clause of the 14th amendment: "Juvenile court history has again demonstrated that unbridled discretion, however benevolently motivated, is frequently a poor substitute for principle and procedure."

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In re Winship 397 U.S. 358, 90 S.Ct. 1068 (1970) Samuel Winship, age 12, was charged with stealing $112 from a woman's purse in a store. A store employee claimed to have seen Winship running from the scene just before the woman noticed the money was missing; others in the store stated that the employee was not in a position to see the money being taken. Winship was adjudicated delinquent and committed to a training school. New York juvenile courts operated under the civil court standard of a "preponderance of evidence" (civil trial standard). The court agreed with Winship's attorney that there was "reasonable doubt" of Winship's guilt, but based its ruling on the "preponderance" of evidence. Upon appeal to the Supreme Court, the central issue in the case was whether "proof beyond a reasonable doubt" should be considered among the "essentials of due process and fair treatment" required during the adjudicatory stage (trial) of the juvenile court process. The Court rejected lower court arguments that juvenile courts were not required to operate on the same standards as adult courts because juvenile courts were designed to "save" rather than to "punish" children. The Court ruled that the "reasonable doubt" standard should be required in all delinquency adjudications.

McKeiver v. Pennsylvania 403 U.S. 528, 91 S.Ct. 1976 (1971) Joseph McKeiver, age 16, was charged with robbery, larceny, and receiving stolen goods. He and 20 to 30 other youth allegedly chased 3 youth and took 25 cents from them. McKeiver met with his attorney for only a few minutes before his adjudicatory hearing. At the hearing, his attorney's request for a jury trial was denied by the court. He was subsequently adjudicated and placed on probation. The State Supreme Court cited recent decisions of the U.S. Supreme Court that had attempted to include more due process in juvenile court proceedings without eroding the essential benefits of the juvenile court. The State Supreme Court affirmed the lower court, arguing that of all due process rights, trial by jury is most likely to "destroy the traditional character of juvenile proceedings." The U.S. Supreme Court found that the due process clause of the 14th amendment did not require jury trials in juvenile court. The impact of the Court's Gault and Winship decisions was to enhance the accuracy of the juvenile court process in the fact-finding stage. In McKeiver, the Court argued that juries are not known to be more accurate than judges in the adjudication stage and could be disruptive to the informal atmosphere of the juvenile court, tending to make it more adversarial. Landmark Cases in US Juvenile Justice Page 9 of 27

Breed v. Jones 421 U.S. 519, 95 S.Ct. 1779 (1975) In 1970, Gary Jones, age 17, was charged with armed robbery. Jones appeared in Los Angeles juvenile court and was adjudicated delinquent on the original charge and two other robberies. At the Dispositional Hearing, the judge waived jurisdiction over the case to criminal court. Counsel for Jones filed a Writ of Habeas Corpus, arguing that the waiver to criminal court violated the double jeopardy clause of the Fifth Amendment. The court denied this petition, saying that Jones had not been tried twice because juvenile adjudication is not a "trial" and does not place a youth in jeopardy. Upon appeal, the U.S. Supreme Court ruled that an adjudication in juvenile court, in which a juvenile is found to have violated a criminal statute, is equivalent to a trial in criminal court. Thus, Jones had been placed in double jeopardy. The Court also specified that jeopardy applies at the adjudication hearing when evidence is first presented. Waiver cannot occur after jeopardy attaches.

Oklahoma Publishing Company v. District Court in and for Oklahoma City 480 U.S. 308, 97 S.Ct. 1045 (1977) The Oklahoma Publishing Company case involved a court order prohibiting the press from reporting the name and photograph of a youth involved in a juvenile court proceeding. The material in question was obtained legally from a source outside the court. The U.S. Supreme Court found the court order to be an unconstitutional infringement on freedom of the press.

Smith v. Daily Mail Publishing Company 443 U.S. 97, 99 S.Ct. 2667 (1979) The Daily Mail case held that State law cannot stop the press from publishing a juvenile's name that it obtained independently of the court. Although the decision did not hold that the press should have access to juvenile court files, it held that if information regarding a juvenile case is lawfully obtained by the media, the first amendment interest in a free press takes precedence over the interests in preserving the anonymity of juvenile defendants.

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Schall v. Martin 467 U.S. 253, 104 S.Ct. 2403 (1984) Gregory Martin, age 14, was arrested in 1977 and charged with robbery, assault, and possession of a weapon. He and two other youth allegedly hit a boy on the head with a loaded gun and stole his jacket and sneakers. Martin was held pending adjudication because the court found there was a "serious risk" that he would commit another crime if released. Martin's attorney filed a habeas corpus action challenging the fundamental fairness of preventive detention. The lower appellate courts reversed the juvenile court's detention order, arguing in part that pretrial detention is essentially punishment because many juveniles detained before trial are released before, or immediately after, adjudication. The U.S. Supreme Court upheld the constitutionality of the Preventive Detention Statute. The Court stated that Preventive Detention serves a Legitimate State Objective in protecting both the juvenile and society from pretrial crime and is not intended to punish the juvenile. The Court found there were enough procedures in place to protect juveniles from wrongful deprivation of liberty. The protections were provided by notice, a statement of the facts and reasons for detention, and a probable cause hearing within a short time. The Court also reasserted the parens patriae interests of the State in promoting the welfare of children. Kent v. United States 383 U.S. 541 (1966) Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. As a juvenile, he was subject to the exclusive jurisdiction of the District of Columbia Juvenile Court unless that court, after "full investigation," should waive jurisdiction over him and remit him for trial to the United States District Court for the District of Columbia. The Juvenile Court entered an order waiving jurisdiction, with the recitation that this was done after the required "full investigation." He was convicted on six counts of housebreaking and robbery, but acquitted on two rape counts by reason of insanity. On appeal, petitioner raised, among other things, the validity of the Juvenile Court's waiver of jurisdiction. Held: The Juvenile Court order waiving jurisdiction and remitting petitioner for trial in the District Court was invalid. pp. 552-564. The parens patriae philosophy of the Juvenile Court "is not an invitation to procedural arbitrariness." pp. 554-556.

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As the Court of Appeals for the District of Columbia Circuit has held, "the waiver of jurisdiction is a â&#x20AC;&#x17E;critically important' [p. 542] action determining vitally important statutory rights of the juvenile." pp. 556-557.

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First Amendment Issues Hazelwood School District v. Kuhlmeier 484 U.S. 260 (1988) Student members of a school newspaper alleged that their First Amendment rights were violated when the principal decided to omit two pages of the school newspaper in order to protect the identity of a student who was discussed in the article. The district court found in favor of the school district and the Eighth Circuit reversed. The U.S. Supreme Court found that public school students do not automatically have the same First Amendment rights of adults outside the school and that the school paper was not a forum for public expression like traditional public forums. The Court also found that the school had an interest in protecting the identity of the students in an article about pregnancy as well as in maintaining the integrity of student speech allowed in the school newspaper. Finally, the Court held that the principal‟s actions were reasonable under the circumstances. Thus, the Court reversed the Eighth Circuit and held that the principal‟s actions did not violate the First Amendment.

Bethel School District No. 403 v. Frazier 478 U.S. 675 (1986) The issue was whether a school district‟s suspension of a high school student for giving a lewd speech violated the First Amendment. At a school-sponsored function, a student delivered a speech nominating a fellow student for student elective office. Throughout the speech, the student referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor, despite that the student was warned by his teachers not to use the language and that use of the language could have severe consequences. Pursuant to the district‟s disciplinary rules, the student was suspended from school for two days. The student alleged that his First Amendment right to freedom of speech was violated and sued the school district, seeking both injunctive relief and monetary damages. Both the trial court and the Ninth Circuit found that the student‟s First Amendments rights were violated. The U.S. Supreme Court reversed, holding that the First Amendment did not prevent the school district from suspending the student because the school district acted within its authority in punishing the student for his offensive speech. The Court found that the penalties imposed were unrelated to any political viewpoint and that allowing that kind of language in a school sponsored event would undermine the school‟s basic educational mission. Thus, the student‟s First Amendment rights were not violated by the school district. Landmark Cases in US Juvenile Justice Page 13 of 27

Board of Education v. Pico 457 U.S. 853 (1982) The issue was whether the First Amendment prohibits a local school board from exercising its discretion to remove library books from school libraries, that the board characterized as “antiAmerican, anti-Christian, anti-Semitic, and just plain filthy.” 457 U.S. at 857. The students of those schools sued, claiming the removal of books violated their First Amendment rights. In a plurality opinion, three justice of the U.S. Supreme Court stated that students had a First Amendment right to receive ideas and information as a necessary predicate to their meaningful exercise of the rights of speech, press, and political freedom. Another justice concurring in the judgment wrote that the state had no authority to deny access to ideas for political reasons, while a fifth justice concurring in the judgment did not want to reach the First Amendment question on an incomplete record. ______ Tinker v. des Moines Ind. Comm. School Dist. 393 U.S. 503 (1969) School officials suspended students from public high school because they wore black armbands to school in protest of the Vietnam War. The students sued the school under 42 U.S.C. § 1983, seeking nominal damages and an injunction that forbid the school from suspending the students. The trial court dismissed the complaint, upholding the constitutionality of the school district‟s action on the ground that it was reasonable to maintain school discipline. The Eighth Circuit considered the case en banc and, because the court was equally divided, the lower court‟s decision was affirmed without opinion. The U.S. Supreme Court held that the wearing of armbands in this case was not tied to any disorderly conduct by the participants and thus that it was “closely akin to „pure speech,‟” 393 U.S. at 505, which is protected by the First Amendment. The record reflected that the students simply wore the arm bands to school in protest, but still attended classes without any interference with work and or discipline. The Court held that students do not “shed their constitutional rights” at the schoolhouse door. 393 U.S. at 506. Thus, the Court found that the school could not deny the students‟ form of expression and held that the students‟ First Amendment rights were violated and reversed and remanded the case to the circuit court.

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Ginsberg v. New York 390 U.S. 629 (1968) The issue in this case was whether a New York criminal obscenity statute that prohibited the sale of magazines with sexual content to minors was constitutional on its face. A store owner was found guilty of selling two adult magazines to a 16 year old boy in violation of the criminal statute prohibiting the sale of such magazines to minors. The state supreme court affirmed the conviction and the store owner was denied leave to appeal to the state court of appeals. The store owner alleged that the constitutional freedom of expression secured to a citizen to read or see sexually explicit material could not depend upon the age of a citizen. The U.S. Supreme Court affirmed the judgment of the lower court, finding that the statute did not “invade[s] the area of freedom of expression constitutionally secured to minors.” 390 U.S. at 637. The Court found that the criminal statute in question was rationally related to the interest of protecting children because both parents and the state have an interest in the well being of children. The Court also held that it was rational for the legislature to find that the minors‟ exposure to sexually explicitly magazines might be harmful to children, even if the same material is suitable for adults. Thus, the Court found that the statute was constitutional and affirmed the lower court.

Wisconsin v. Yoder 406 U.S. 205 (1972) The issue in this case was whether a state statute requiring that children up the age of 16, including those who practiced Amish and Mennonite religions, attend public or private school violated the First and Fourteenth Amendments. Amish and Messonite parents who did not send their children to high school were found guilty of violating the compulsory public school attendance law. The parents practiced the Amish and Mennonite religions and argued that sending their children to public school after the eighth grade violated their religious beliefs and threatened their religious way of life. They educated their children at home to learn farming and homemaking in a rural community and generally prepared them to become functioning adults in their communities. The state supreme court reversed the convictions. The U.S. Supreme Court found that the parents‟ Fundamental Religious Beliefs that their children should remain “aloof from the world,” 406 U.S. at 210, and “accept the heavy obligations imposed by adult baptism,” 406 U.S. at 211, was endangered by the enforcement of the public education laws. The Court held that accommodating the parents‟ religious objections by forgoing one or two additional years of formal high school would not harm the children in any way. Landmark Cases in US Juvenile Justice Page 15 of 27

The Court determined that the parents were not just trying to protect their way of life, but their religious belief, which was undoubtedly sincere. Thus, the Court held that the First and Fourteenth Amendments prohibited the State from compelling the parents to send their children to formal high school to age 16.

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The New Jersey Court System

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The New Jersey Court System

Juvenile Justice in New Jersey

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New Jersey’s Juvenile Justice System: Striving to Meet the Needs of New Jersey’s At-Risk Youth Roland V. Anglin, Ph.D., Associate Research Professor Stephen Abbott, Research Associate

Working Paper #1

47 Bleeker Street - Newark, New Jersey

-0

History and System Overview New Jersey’s current juvenile justice system is the product of a long history of innovation and adaptation. New Jersey first began to differentiate between juveniles and adults with probation laws in 1900.i Next came the Juvenile Court Act in 1903, which enabled the court of common pleas to act as the juvenile court within each county.ii These changes took place during the Progressive Era (from about 1900 to 1918).iii When the New Jersey courts underwent a major revision in 1947, the New Jersey Supreme Court was given power over all the courts in the state. The vicinages had separate probation departments, and there were now standards for the judges of the juvenile court.iv Juveniles were defined as individuals under the age of 18, and delinquency was defined at the time as “any act which, if committed by an adult, would constitute a felony, misdemeanor, municipal ordinance violation or disorderly conduct offense.” The offending youths were not put on trial but rather attended “hearings on the complaint.” Several other acts specifically related to minors were also considered delinquent, including habitual vagrancy, immorality, knowingly associating with thieves or vicious or immoral persons, and habitual truancy from school.v This description of juvenile delinquency contributed to the growing trend, at the time, toward rehabilitative treatment rather than punishment. The hearings were informal, and not many rules were applied or followed; the court system acted more as a parent or a counselor.vi This statute was repealed in 1974.vii Since the 1950s, the movement has been toward formalizing the custody of juvenile delinquents. The New Jersey Supreme Court established juvenile conference committees in 1953 to address the lack of treatment services for children in several communities due to the belief that court appearances stigmatized juveniles by attaching a criminal record.viii Throughout the 1950s and 1960s debate ensued over due process in the juvenile system. In 1967 the U.S. Supreme Court ruled in In re Gault that the Fourteenth Amendment would be applied to several aspects of juvenile court practice.ix The New Jersey Supreme Court added its own “court rulings and administrative actions further extending Constitution and procedural rights to the juvenile justice system.”x By 1983, New Jersey had adopted its current Code of Juvenile Justice. The code encompasses criminal matters for children eighteen years of age or younger. A new court called family court, which is the chancery part of the superior court, now enforces the code. 2

In 1995, Governor Christine Whitman issued Executive Order #75, which created the Juvenile Justice Commission. The creation of the JJC was a part of Governor Whitman’s efforts to reform the juvenile justice system. The commission was created in response to the Governor’s Advisory Council on Juvenile Justice, which reported “a lack of centralized authority for planning, policy development and service provision in the juvenile justice system.”xi The JJC is now “the single agency of State government with centralized authority for planning, policy development and provision of services in the juvenile justice system.”xii The federal Juvenile Justice and Delinquency Prevention (JJDP) Act of 2002 further expanded the means by which the state could address juvenile delinquency issues. It called for the formation of a JJDP Committee whose members are appointed by the governor.xiii This committee receives federal funding and stays informed of juvenile justice developments at a national level through its affiliation with the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention. It, in turn, acts as a steering body for the JJC. New Jersey’s JJDP Committee is responsible for steering the JJC in its overall mission and for administering the funding of its programs and initiatives. The JJDP Act establishes several core requirements that have become the principles on which the New Jersey JJDP Committee has shaped its policies and practices over the past decade: 1. Deinstitutionalization of Status Offenders—No minor accused of a status offense (an act

that would not be criminal if committed by an adult) may be securely detained in a jail, lockup, or juvenile detention center. Examples of status offenses are truancy, running away, curfew violations, underage drinking, and being ungovernable. This requirement also extends to nonoffenders, children who fall under the Juvenile Court Act who are abused, neglected, and/or dependent. 2. Separation of Juveniles from Adult Offenders—Juveniles alleged to be or found to be

delinquent, status offenders, and nonoffenders shall not have contact with adult persons who are incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. The separation of juveniles from adults must be both by sight and sound. 3. Removal of Juveniles from Adult Jail and Lockups—Juveniles accused of committing

acts that would not be criminal for adults are not to be securely detained in jails or lockups. A rule of reason is applied, allowing alleged delinquents to be detained for up to 3

six hours for the purpose of investigation and identification. The clock starts the moment a juvenile is placed into a locked setting. This includes any locked room, or when a juvenile is handcuffed to a stationary object. At the end of the six hours the juvenile must be released or transferred to a juvenile detention center. 4. Disproportionate Minority Contact (DMC)â&#x20AC;&#x201D;A core requirement of the Juvenile Justice

and Delinquency Prevention Act (JJDPA) directs states to address the disproportionality with which minority youth are coming into contact with the juvenile justice system at all nine decision points in the system. It is the expectation of the Department and the Commission that gender, race, or ethnicity will not play any role in the decision to make services available to youth. In addition, this act will require that, among other elements, the gender, race, ethnicity, and age of each youth served will be tracked. Each year the JJDP Committee issues an annual report to the Governor and Legislature on juvenile delinquency issues that assesses programs and makes recommendations. In 2009 it also published a comprehensive three-year program for improving numerous aspects of the system.xiv Passing through the Juvenile Justice System Today, juveniles in New Jersey pass through several stages upon entering the juvenile justice system.xv A minor is considered to be officially entered into the justice system when a delinquent complaint is signed.xvi The complaint is then filed and received by the Family Case Management Office, which decides whether the complaint should be dismissed or referred for further action. If there is probable cause to deem the juvenile a delinquent, the court intake service will issue a summons, signed by either a judge or the court, for the individual and his or her parents. A judge can also issue a warrant in place of a summons if it is considered necessary to take the individual into custody and put him or her into a detention facility until the hearing. The case then moves into family court, where it undergoes an adjudication hearing. The initial hearing must occur within twenty-four hours of admission, with a second detention hearing within two court days. Secure detention pending a hearing is required only if the juvenile poses a threat to the community or is at risk of not appearing in court.

In the juvenile justice system, the offender is not convicted of a crime, but rather is adjudicated of delinquency. The primary goal of the juvenile justice system is to rehabilitate and educate youths rather than punish them. Once in the court system, one of the rights of the juvenile is the right to legal counsel, as established in In re Gault et al. The family can hire its own lawyer or can have one appointed if it cannot afford one. The prosecutor can issue a waiver hearing at this point if a case can be made that the individual should be moved over to adult court. A waiver hearing can then be held, in which the judge can use the evidence to determine whether the individual should stay in juvenile (family) court.xvii Once the decision has been made to keep the juvenile in family court, the case moves on to the initial hearing. Juveniles, unlike adults, are not tried by jury. Instead, their cases are decided by a bench trial, in which a judge decides the outcome—whether or not the individual is adjudicated as a delinquent. If the individual pleads guilty or is found guilty, the case moves on to a dispositional hearing, also known as a sentencing hearing, at which the court will design a rehabilitation plan. Depending on the case and the acts committed, the plan can be an assortment of different programs, such as incarceration, probation, community services, fines, or residential programs. The most common disposition is probation supervision. The amount of time required for the programs can also vary. In New Jersey, the Juvenile Justice Commission provides numerous facilities and programs for the adjudicated youth. These include a variety of residential group centers, residential drug treatment facilities, and secure care facilities. The Juvenile Justice Commission runs fifteen community programs statewide; these are “less restrictive facilities for juveniles who do not require a secure setting.”xviii The state also has four secure care facilities, which provides all-around care for juveniles, including “education, vocational programming, counseling and medical services.”xix The JJC’s Office of Juvenile Parole and Transitional Services provides supervision for youth going back into the community after being released from custody. Current Philosophy and Goals The Juvenile Justice Commission has three goals: •

Ensure public safety.

•

Rehabilitate the juvenile.

•

Hold the juvenile accountable for his or her actions.

The organizational chart of the New Jersey juvenile justice system reflects the JJC’s philosophy of focusing the greater part of its efforts on programs for prevention and rehabilitation.xx Under the executive director are two deputy executive directors, one for operations and the other for programs. The Office of Programs is devoted entirely to prevention and rehabilitation through three separate divisions: Community Programs, Education, and Local Programs and Services. New Jersey’s emphasis on community prevention alternatives mirrors similar leading-edge reforms in states such as Illinois, Louisiana, and Washington.xxi The Office of Operations is likewise divided into three divisions: Secure Facilities, Special Programs for the Detained, and Parole and Transitional Services. Most of these offices focus their efforts on programs and services for juvenile offenders. A large part of the JJC’s philosophy involves finding alternatives to prison-style incarceration if at all possible. Although it oversees the operation of detention facilities, a far greater number of its facilities are run like schools and hospitals for both residential and probationary youth. For example: •

The JJC operates more than a dozen Residential Community Homes (RCHs), which are like boarding schools in which the residents undergo daily education and rehabilitation.xxii

•

Some RCHs, such as Manor Woods RCH in Mays Landing, handle general rehabilitation of up to twenty-four juveniles ranging from thirteen to fifteen years of age. Manor Woods states its goals as: “The program provides comprehensive services that give young people tools to help them develop into responsible law-abiding members of the community. Emphasis is placed on lifelong learning, improved self-esteem and good decision making skills.”xxiii

•

Other RCHs, such as Southern RCH in Egg Harbor, offer the same comprehensive arrangement, but for teenagers aged fifteen to nineteen years.

•

Some RCHs are specifically targeted to youth offenders with drug abuse problems, such as the Straight & Narrow Adolescent Treatment Unit in Paterson, which not only focuses on detoxification and chemical dependency therapies but also has a high school diploma program and provides job-hunting instruction.

•

Pinelands RCH in Chatsworth addresses the rehabilitation of youth sex offenders, with a “No More Victims” motto and specially designed therapies. 6

•

Several RCHs specialize in the rehabilitation of serious and violent offenders convicted of theft, arson, assault, and weapons charges; these include Voorhees RCH in Glen Gardner and Albert Elias RCH in Hopewell.

•

The Fresh Start RCH in Farmingdale admits youth aged fourteen to eighteen with special mental health needs. These facilities have maximum capacities of no more than thirty residents at any one time, enabling them to devote individual attention to each resident. For less serious offenders and those on probationary status, the JJC operates several types

of day program facilities. Generally speaking, all of New Jersey’s day programs focus on four main goals: socialization, education, prevocational training, and aftercare. Day programs are part of both probationary sentencing and the aftercare of detained youth. In 2004, New Jersey became one of several states to adopt a new program designed specifically to divert as many youths from the juvenile justice system as possible. In that year, New Jersey became an official replication site of the Juvenile Detention Alternatives Initiative (JDAI), a national program founded and funded by the Annie E. Casey Foundation. Its goal is “to reduce the unnecessary and inappropriate use of detention while maintaining public safety and court appearance rates.”xxiv With funding of $200,000 annually, the JDAI began in five New Jersey counties; it now includes eleven sites across twelve counties. Each year it publishes an annual report that summarizes trends in such key indicators of detention utilization as admissions, length of stay, average daily population, overrepresentation of minority youth in detention, and detention-alternative program utilization. Its report for 2009 cites encouraging statistics for the success of the program. Trends are measured against statistics from 2003, the first year of the JJDP’s influence:xxv •

Average daily population decreased 42.9 percent from 2003 across the eleven sites (288 individuals). This compares to an overall nationwide average decrease of about 28 percent from 2003 to 2009.xxvi

•

Minority youth accounted for 88.7 percent of this drop.

•

Admissions decreased 47.5 percent from 2003 (4,019 individuals). This compares to a nationwide average decrease of 25 percent from 2002 to 2009.xxvii

•

Readmission for violation of probation was down 21 percent from 2003.

â&#x20AC;˘

Of the eight detention sites that reported program outcome data, the 2009 success rate (those who did not reenter the system) averages 79 percent.xxviii Only 3.7 percent of youths in a detention alternative program faced new delinquency charges.

â&#x20AC;˘

Across the eleven sites, the average daily population of girls in detention decreased by 60 percent from 2003 thanks to alternative programs.xxix This compares to an overall nationwide average decrease of about 26 percent for females in detention, 2003 to 2009.xxx The JDAI does, however, recognize that there is still room for improvement. For

example, several sites reported increases in average length of stay, and youths of color experience longer rates of stay on average than white youths. In essence, these longer average lengths of stay reflect the fact that, with so many youths diverted to detention alternatives, those who are detained account for more serious delinquencies. It is interesting to note that the median length of stay dropped about two or three days, but the average length of stay rose about one day, reflecting a small core of serious offenders who skewed the average. Fluctuation by county is significant in many of the statistical measures. For example, while the ratio of average daily detention population to approved capacity ( a measure of crowding) is only 60.9 percent statewide, this ratio varies from about 27 percent in Bergen and Morris counties to more than 90 percent in Atlantic and Ocean counties.xxxi This does not mean that those counties are being overrun with juvenile delinquency; in fact, Atlantic and Ocean counties have among the lowest average daily populations (24.4 and 28.2, respectively). The real determining factor is the size of the approved capacity, which seems to have little correlation to the actual population. Essex County, which has the highest average daily population at 114.7, runs at only 47.4 percent of its approved capacity, while Gloucester County, with one of the lowest average daily populations at 11.7, runs at 78.1 percent of its approved capacity. Yet Bergen County, with almost the same average daily population (11.0) as Gloucester County, runs at only 26.9 percent of its capacity. Thus, even though the average daily population across all counties has dropped steadily since 2003 thanks to alternative programs, some counties have a greater challenge with detention capacity than others. Facilities in South Jersey counties (Burlington, Ocean, and southward) tend to run at a higher percentage of approved capacities (82.1 percent on average) than those in North Jersey counties (53.4 percent on average).xxxii Facilities with populations above 90 percent of approved capacity may be candidates for increased capacity. But it is equally clear that 8

consistently low percentages of approved capacity at some facilities may indicate that capacities can now be reduced, potentially saving money that could be rechanneled into more useful programs. Indeed, several counties have expressed an interest in closing their detention facilities in the interest of cutting operating costs.xxxiii Challenges and Opportunities Recidivism A major concern of the juvenile justice system is the rate of repeat offenders. With the great emphasis placed on rehabilitation, any return to the penal system, either as juveniles or as adults, is cause for concern. Currently, the JJC devotes a significant part of its research and evaluation effort to systematically studying recidivism rates among its youth. In a 2007 study of recidivism rates in New Jersey, researchers determined that 36.7 percent of delinquent youths recidivated within two years of being freed from the system, based on 2004 data. The rates at three months, six months, and one year were 8.4, 16.8, and 25.6 percent, respectively. These figures were down by 2 to 3 percentage points from 1998 data at all time points, but they are still significant, especially when so much of the current rehabilitation philosophy is devoted to socialization and reintegration into the law-abiding community.xxxiv With more than one-third of all youth reoffending within two years, the JJC considers recidivism reduction a top priority. The JJC systematically studies recidivism rates, and it has made changes in such things as its contract services, redirecting services and funds toward those types of offenders for whom recidivism outcomes were most positive. Gang membership among juvenile offenders poses a significant challenge to recidivism because many of these youths have already been exposed to adult career criminals and have adopted a career criminal mentality. These offenders are resistant to the â&#x20AC;&#x153;scared straightâ&#x20AC;? philosophy at the heart of get-tough policies such as trying juveniles in adult courts and sentencing them to adult incarceration. Rather than frightening these youths away from crime, the adult justice system often hardens them and makes them see themselves as adult criminals. Placing these offenders in secure facilities or waiving them to the adult penal system because of the severity of their crimes may not work as well as placing them in the intensive group therapy and rehabilitation environments of some of the residential group centers. The JJC has recently developed a program called Phoenix, funded by the New Jersey Department of Education; it 9

provides education and work-based training in a highly structured environment for gang youth in secure facilities, RCHs, and day programs.xxxv Drug Abuse It has long been recognized that drug abuse contributes significantly to delinquency in minors. Thus, New Jersey’s juvenile justice system takes into account the special needs of drugdependent offenders in several ways. As mentioned earlier, the JJC devotes several of its residential group care facilities to the treatment and rehabilitation of youth who come into the justice system with substance abuse problems. Touchstone Hall in Rockleigh, for example, admits only youths who have drug problems and treats them with a demanding, highly structured twelve- to eighteen-month course of therapy. Similarly, the New Hope Foundation operates residential units for substance abusers in Secaucus and Marlboro. Straight & Narrow Juvenile Treatment Unit in Paterson, as mentioned earlier, offers both inpatient and outpatient treatment with an emphasis on work/therapy vocational training and educational programs. All of these facilities offer services to the parents of their residents as well. Minorities Of all the problems facing the New Jersey juvenile justice system, minority overrepresentation is not only one of the most serious but also one that is among the most difficult to solve. Statewide, the ratio of minority delinquents in detention is much higher than in the overall population ratio, according to JDAI statistics.xxxvi New Jersey is hardly alone in facing this problem; a recent report from the National Conference of State Legislatures reveals that, nationwide, “Minority youth come into contact with the juvenile justice system at every stage at a higher rate than their white counterparts.”xxxvii It has even been theorized that such school discipline practices within recent years as “zero tolerance” have exacerbated the disproportionality of minorities in state juvenile justice systems.xxxviii While the absolute numbers of minority youths in detention has dropped, the disproportionality compared to white youths has actually increased. For example, in 2003, minority youth accounted for an average of 89 percent of admissions and 93.3 percent of the average daily population statewide. The percentages for 2009 were 92.9 and 96.6, respectively— increases of about 3 percent. In all eleven JDAI sites, the average daily population of minorities 10

in detention represents a significant disparity compared to the overall minority youth population.xxxix Mid-July 2011 statistics show that a total of 706 black, 198 Hispanic, and 97 white youths were in the juvenile justice system, either committed to detention, in probation, or in aftercare. That amounts to a 90.4 percent nonwhite representation in the system. Of those individuals in detention facilities, 360 were black, 112 were Hispanic, and 46 were white— amounting to a 91.2 percent nonwhite population.xl Trying Juveniles as Adults In New Jersey, under N.J.S.A. 2A:4A-26, juveniles fourteen years of age and older can be waived to adult court. For many years, this has been a means of handling serious youth offenders, especially those in their later teens. The thinking behind the practice was that if young persons got a taste of the adult penal system, they would be shocked and frightened into mending their ways. Recent studies have questioned the efficacy of this method of juvenile justice, however. The national Office of Juvenile Justice and Delinquency Prevention now advocates caution in juvenile transfers to adult court, stating that “[j]uvenile delinquency jurisdiction should be to age 18 in every state. In most cases, juvenile offenders can be effectively maintained in the juvenile justice system. In rare instances, the most violent offenders cannot be rehabilitated within the juvenile system and should be transferred for adult prosecution. However, the decision to transfer should only be made by the juvenile or family court judge.”xli More recently, in the June 2010 issue of Juvenile Justice Bulletin, Richard E. Redding, law professor at Chapman University School of Law, summarized all available findings on the subject. While admitting that not enough research has been done yet to draw a definitive conclusion, empirical evidence from six studies in five states, including New Jersey, “suggests that transfer laws, as currently implemented, probably have little general deterrent effect on would-be juvenile offenders.”xlii He adds: The nationwide policy shift toward transferring juvenile offenders to the criminal court is based largely on the assumption that more punitive, adult criminal sanctions will act as a deterrent to juvenile crime. In terms of specific deterrence—in other words, whether trying and sentencing juvenile offenders as adults decreases the likelihood that they will reoffend—six large-scale 11

studies have found higher recidivism rates among juveniles convicted for violent offenses in criminal court when compared with similar offenders tried in juvenile court. With respect to general deterrence—whether transfer laws deter any would-be juvenile offenders—the picture is less clear. The studies on this issue have produced somewhat conflicting findings; however, the bulk of the empirical evidence suggests that transfer laws have little or no general deterrent effect. Redding also cites a number of limited studies in which interviewed juvenile offenders indicated that being tried as adults woke them up to the consequences of their actions more than had they been tried as juveniles: “the lengthier period of incarceration gave them more time to consider their futures and the consequences of reoffending, suggesting that the longer sanctions had an impact.” But among the various aspects of the adult prison experience, those considered most beneficial were the rehabilitation programs, and least beneficial were the fear, pain, and misery of daily prison life. These findings suggest that a shortened average daily length of stay is not necessarily an indicator of an improved juvenile detention system. The juvenile justice system could provide greater benefit than transfers to the adult system by lengthening sentences in the case of serious offenses and emphasizing training and rehabilitation programs in the detention facilities. As recently as August 2012, the judgment of the juvenile court confirmed these principles. Reversing an earlier waiver to adult prison of a juvenile offender in Trenton, Judge Alexander Waugh Jr. wrote: “The transfer of a juvenile to an adult prison significantly changes the focus of the incarceration away from rehabilitation and toward security and punishment.”xliii For these reasons, New Jersey takes a cautious approach to the transfer of juveniles to adult court. A comparison of 2007 to 2009 data reveals that while the number of requests for waiver to adult court decreased in New Jersey by 16.9 percent, the number of waivers granted decreased by 40.7 percent (275 of 579 waiver requests granted in 2007; 163 of 482 waiver requests granted in 2009).xliv In other words, the family courts are growing more cautious in granting adult waiver requests, even as the number of requests are decreasing. The concurrent decreases in daily population of juveniles in detention between 2007 and 2009 confirm that this cautious approach to adult transfers is yielding positive results.

New Jersey’s Juvenile Justice and Delinquency Prevention Committee issued a three-year plan for addressing the challenges to be faced from 2009 through 2011. The comprehensive seventy-one-page document breaks down its goals into the following areas: •

Increase the sharing of juvenile justice system information across counties and law enforcement bodies.

•

Step up compliance monitoring of juvenile facilities and programs throughout the state.

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Address delinquency prevention through the Governor’s Strategy for Safe Streets and Neighborhoods program, which seeks to develop local community-based resources for atrisk youth.

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Address the disproportionate ratios of black and Hispanic youths in juvenile detention; one method is to expand law enforcement’s use of stationhouse adjustments to handle low-level delinquency.

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Continue to reduce the number of female delinquents through programs such as the Young Women’s Action Alliance (YWAA).

•

Reduce truancy in schools; for this, the JJDP Committee has published the Toolkit for Truancy Reduction; it also coordinates an Interagency Truancy Workgroup.

Conclusion New Jersey’s juvenile justice system, like its counterparts all over the country, faces many challenges, but statistically it is experiencing a trend of improvement thanks to an operational philosophy and steady stream of new programs that began more than a decade ago. The numbers of incarcerated youth have fallen in the last decade, as has the average length of stay in detention. The numbers have decreased so much, in fact, that several detention facilities are running well below capacity and may be closed in the near future. Behind these encouraging numbers lie significant challenges. Although the averages are down, statistics vary widely from county to county, with some parts of the state experiencing increases in juvenile offenses and in the severity of those offenses. Minority overrepresentation in the system continues to be a major problem. Drug abuse and gang involvement remain serious concerns. And despite significant efforts to address recidivism, the rate of recidivism still runs close to one-third of youth offenders within two years.

New Jerseyâ&#x20AC;&#x2122;s best asset in facing these challenges is that it has in place a centrally organized, well-designed governing body whose philosophy and resources have been directed toward innovations for improvement since its inception. The Juvenile Justice Commission has replaced prison-style detention with residential and day-program rehabilitation in all but the more severe cases and has incorporated vocational training and high school diploma programs into rehabilitation therapies. Programs exist to address drug abuse, gang membership, mental health problems, and teenage pregnancy. New Jersey was one of the first states to charter the Juvenile Detention Alternatives Initiative (JDAI), which has led to a significant reduction in detention rates since 2004.

About the Joseph C. Cornwall Center for Metropolitan Studies a part of the School of Public Affairs and Public Administration, Rutgers -Newark

The Joseph C. Cornwall Center for Metropolitan Studies is a signature effort by Rutgers University to focus the intellectual talent and resources of the institution in service to Newark and its surrounding region and beyond. Housed in the School of Public Affairs and Administration at Rutgers-Newark, the Cornwall Center encourages and conducts relevant research and hosts learning opportunities aimed at improving the cultural, social, and economic development of the community, city, and region in which the Center resides. The Center is named after the late Joseph C. Cornwall, a widely respected civic leader and the founding Chair of The Fund for New Jersey. Mr. Cornwall devoted much of his career to advancing the welfare and quality of life for New Jersey’s citizens. To recognize Mr. Cornwall’s civic and philanthropic accomplishments, the Fund for New Jersey established an endowment to support and perpetuate the Center and its mission to improve the lives for people who live in cities and the surrounding metropolis. The Joseph C. Cornwall Center for Metropolitan Studies’ mission is to research and analyze complex issues facing urban areas, primarily metropolitan Newark and northern New Jersey and ultimately generate solutions to those challenges. We accept that in a globalized world, the prosperity of our region is intertwined with other regions and places. As such, our mission and geographic reach recognizes that we have to incorporate the wider study of global trends and developments as they impact our region. The Center and its staff accomplishes our mission by •

Promoting and conducting scholarly research on the evolution of cities and metropolitan places

•

Encouraging applied research that will improve public policies and expand opportunity structures for communities and people in the region

•

Sharing knowledge and facilitating the exchange of ideas among all stakeholders

•

Encouraging informed community voice in shaping public policy

•

Working with our colleagues throughout the Rutgers University system to harness the institution’s rich experience, scholarship and commitment in service of urban and metropolitan communities

Contact: Joseph C. Cornwall Center for Metropolitan Studies 47 Bleeker Street Newark, NJ 07102 Tel.: 973-353-1750 Fax: 973-353-1753

BIBLIOGRAPHY i

"History of the JJC," http://www.state.nj.us/oag/jjc/info_history.htm (accessed July 20, 2011). David Beale and Andy Schneider, Juvenile Justice in New Jersey (Princeton, NJ: Center for Analysis of Public Issues, 1973), 66. iii “History of the Juvenile Justice System,” Einstein Law, http://www.lawyershop.com/practice-areas/criminallaw/juvenile-law/history (accessed August 16 2012). iv Beale and Schneider, Juvenile Justice, 67. v Dorothea Hubin, An Analysis of the Juvenile Conference Committees of New Jersey (New York University: Department of Sociology and Anthropology, 1963), 9. vi Ibid., 6. vii "New Jersey Statutes,” Law and Legal Research—Lawyers, Legal Websites, Legal News and Legal Resources, http://law.onecle.com/new-jersey/2a-administration-of-civil-and-criminal-justice/4-68.html (accessed July 20, 2011). viii Beale and Schneider, Juvenile Justice, 70. ix “History of the Juvenile Justice System.” x Hubin, An Analysis of the Juvenile Conference Committees of New Jersey, 8. xi "History of the JJC." xii "Introduction to the JJC," http://www.nj.gov/oag/jjc/aboutus_intro.html (accessed July 20, 2011). xiii Office of the Attorney General, “Detention of Juveniles in Municipal and Other Adult Facilities,” http://www.state.nj.us/lps/jjc/reg_2005_09_19_NJAC_1394.htm (accessed July 20, 2011). xiv New Jersey Governor’s Juvenile Justice and Delinquency Prevention Committee, “The New Jersey 2009–2011 Comprehensive Three-Year Plan,” http://www.state.nj.us/lps/jjc/pdf/NJ_2009-2011_Three-Year-Plan.pdf (accessed July 20, 2011). xv “Moving through the JJC System,” http://www.nj.gov/oag/jjc/thru_system.htm (accessed July 20, 2011). ii

xvi

Before it is signed, the responding officer may divert the case, either by placing the juvenile in the hands of a responsible parent or guardian, or by having a station house hearing. xvii Ibid. xviii "Community Programs,” http://www.nj.gov/oag/jjc/community_programs.html (accessed July 20, 2011). xix "JJC Secure Care Facilities," http://www.nj.gov/oag/jjc/secure.htm, the official Web site for the state of New Jersey (accessed July 20, 2011). xx The complete New Jersey JJC Organizational Chart can be found on the JJC website at http://www.nj.gov/oag/jjc/pdf/jjc_orgtable_web.pdf. xxi John D. and Catherine T. MacArthur Foundation, “Community-Based Alternatives: Local Alternatives to Formal Processing and Incarceration,” http://www.modelsforchange.net/about/Issues-for-change/Community-BasedAlternatives.html?tab=issues (accessed August 16, 2012). xxii “Appendix for Juvenile Justice Commission: Institutions and Community Programs,” State of New Jersey Guide to State Resources, http://www.nj.gov/oag/jjc/pdf/jjc_orgtable_web.pdf (accessed July 20, 2011). xxiii “JJC Group Centers.” http://www.state.nj.us/lps/jjc/group_centers.htm#manor. xxiv Office of the Attorney General, “Juvenile Detention Alternatives Initiative,” http://www.nj.gov/oag/jjc/localized_programs_jdai.html (accessed July 20, 2011). xxv New Jersey Juvenile Justice Commission, “JDAI Annual Data Report – 2009,” http://www.nj.gov/oag/jjc/pdf/JDAI-2009-Report-Annual.pdf (ccessed July 20, 2011). xxvi Charles Puzzanchera et al., Juvenile Court Statistics 2009 (Washington DC: National Center for Juvenile Justice, 2012), 72. xxvii Ibid. xxviii This average is expected throughout all detention sites. 16

xxix

This decrease grewn 68% by 2011. New Jersey Juvenile Justice Commission, “New Jersey Juvenile Detention Alternatives Initiative (JDAI) 2011 Annual Data Report,” (February 2012), http://www.state.nj.us/lps/jjc/pdf/JDAI2011-Report-Annual.pdf, 23 (accessed August 20, 2012). xxx Puzzanchera et al., Juvenile Court Statistics 2009, 76. xxxi New Jersey Juvenile Justice Commission, “2008 Annual Detention Statistics Report,” http://www.nj.gov/oag/jjc/2008-AnnualDetentionStatisticsReport.pdf (accessed July 20, 2011). xxxii Ibid. These figures are based on averaging South Jersey and North Jersey percentages from table 10, column 4. xxxiii “The New Jersey 2009–2011 Comprehensive Three-Year Plan.” xxxiv New Jersey Juvenile Justice Commission, “Preliminary Report on Recidivism of Youth Committed to the Juvenile Justice Commission: 2004 Releases” (June 2007), http://www.nj.gov/oag/jjc/pdf/JJC-PreliminaryRecidivism-Report.pdf (accessed July 20, 2011). xxxv “Introduction to the New Jersey JJC.” xxxvi New Jersey Juvenile Justice Commission, “JDAI Annual Data Report – 2009.” xxxvii Sarah Alice Brown, Trends in Juvenile Justice State Legislation: 2011–2011 (Washington DC: National Conference of State Legislatures, 2012). xxxviii Johanna Wald and Daniel J. Losen, “Defining and Redirecting a School-to-Prison Pipeline,” New Directions for Youth Development 99 (Fall 2003): 9-15. The report includes several cited statistics for support: in 2002, blacks accounted for 17 percent of the national student body but 34 percent of suspensions from school. Nationwide, black students are 2.6 times as likely to be suspended from school as white students (10). xxxix Statewide, the average median ratio of minority youth is 43.7%. xl New Jersey Juvenile Justice Commission, “Juvenile Demographics and Statistics,” http://www.nj.gov/oag/jjc/stats/07-15-11-Juvenile-Demographics-and-Stats.pdf (July 15, 2011) (accessed July 20, 2011). xli Juvenile Justice Reform Initiatives in the States: 1994–1996, U.S. Department of Justice (Washington DC: Office of Juvenile Justice and Delinquency Prevention, 1997), 46. xlii Richard E. Redding, “Juvenile Transfer Laws: An Effective Deterrent to Delinquency?” Juvenile Justice Bulletin (June 2010). xliii MaryAnn Spoto, “Juveniles Entitled to Hearing before Being Moved to State Prison, N.J. Court Panel Rules,” [Newark] Star-Ledger (August 28, 2012). xliv Data compiled from State of New Jersey Department of Law and Public Safety, Division of Criminal Justice, “New Jersey Prosecutor’s Annual Report 2008,” 4, and “New Jersey Prosecutor’s Annual Report 2010,” 41.

The New Jersey Juvenile Code N.J.S.A. 2A: 4A-20 et seq

Landmark Cases in US Juvenile Justice Page 19 of 27

Juvenile Delinquency in New Jersey The following is the Juvenile Justice statute in New Jersey: 2A: 4A-20. Short title

This act shall be known and may be cited as the

"New Jersey Code of Juvenile Justice." 2A: 4A-21 Purposes. 2. Purposes. This act shall be construed so as to effectuate the following purposes: a. To preserve the unity of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of juveniles coming within the provisions of this act; b. Consistent with the protection of the public interest, to remove from children committing delinquent acts certain statutory consequences of criminal behavior, and to substitute therefor an adequate program of supervision, care and rehabilitation, and a range of sanctions designed to promote accountability and protect the public; c. To separate juveniles from the family environment only when necessary for their health, safety or welfare or in the interests of public safety; d. To secure for each child coming under the jurisdiction of the court such care, guidance and control, preferably in his own home, as will conduce to the child's welfare and the best interests of the State; and when such child is removed from his own family, to secure for him custody, care and discipline as nearly as possible equivalent to that which should have been given by his parents; e. To insure that children under the jurisdiction of the court are wards of the State, subject to the discipline and entitled to the protection of the State, which may intervene to safeguard them from neglect or injury and to enforce the legal obligations due to them and from them; and f. Consistent with the protection of the public interest, to insure that any services and sanctions for juveniles provide balanced attention to the protection of the community, the imposition of accountability for offenses committed, fostering interaction and dialogue between the offender, victim and community and the development of competencies to enable children to become responsible and productive members of the community.

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2A: 4A-22. General definitions 3. General definitions. As used in this act: a. "Juvenile" means an individual who is under the age of 18 years. b. "Adult" means an individual 18 years of age or older. c. "Detention" means the temporary care of juveniles in physically restricting facilities pending court disposition. d. "Shelter care" means the temporary care of juveniles in facilities without physical restriction pending court disposition. e. "Commit" means to transfer legal custody to an institution. f. "Guardian" means a person, other than a parent, to whom legal custody of the child has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile. g. "Juvenile-family crisis" means behavior, conduct or a condition of a juvenile, parent or guardian or other family member which presents or results in (1) a serious threat to the well-being and physical safety of a juvenile, or (2) a serious conflict between a parent or guardian and a juvenile regarding rules of conduct which has been manifested by repeated disregard for lawful parental authority by a juvenile or misuse of lawful parental authority by a parent or guardian, or (3) unauthorized absence by a juvenile for more than 24 hours from his home, or (4) a pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes. h. "Repetitive disorderly persons offense" means the second or more disorderly persons offense committed by a juvenile on at least two separate occasions and at different times. i. "Court" means the Superior Court, Chancery Division, Family Part unless a different meaning is plainly required. j. "Commission" means the Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170). 2A: 4A-23 Definition of delinquency. 4. Definition of delinquency. As used in this act, "delinquency" means the commission of an act by a juvenile which if committed by an adult would constitute: a. A crime;

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b. A disorderly persons offense or petty disorderly persons offense; or c. A violation of any other penal statute, ordinance or regulation. But, the commission of (1) an act which constitutes a violation of chapter 3, 4, 6 or 8 of Title 39 of the Revised Statutes by a juvenile of any age; (2) an act relating to the ownership or operation of a motorized bicycle which constitutes a violation of chapter 3 or 4 of Title 39 of the Revised Statutes by a juvenile of any age; (3) an act which constitutes a violation of article 3 or 6 of chapter 4 of Title 39 of the Revised Statutes pertaining to pedestrians and bicycles, by a juvenile of any age; (4) the commission of an act which constitutes a violation of P.L. 1981, c.318 (C. 26:3D-1 et seq.), P.L. 1981, c.319 (C. 26:3D-7 et seq.), P.L. 1981, c.320 (C. 26:3D-15 et seq.), P.L. 1985, c.185 (C. 26:3E-7 et seq.), P.L. 1985, c.186 (C. 26:3D32 et seq.), N.J.S. 2C:33-13, P.L. 1985, c.318 (C. 26:3D-38 et seq.), P.L. 1985, c.381 (C. 26:3D-46 et seq.), or of any amendment or supplement thereof, by a juvenile of any age;(5) an act which constitutes a violation of chapter 7 of Title 12 of the Revised Statutes relating to the regulation and registration of power vessels, by a juvenile of any age or section 2 of P.L. 1987, c.453 (C.12:7-61); or (6) an act which constitutes a violation of a municipal ordinance enacted pursuant to section 2 of P.L. 1992, c.132 (C.40:48-2.52) pertaining to curfew ordinances shall not constitute delinquency as defined in this act. The municipal court having jurisdiction over a case involving a violation by a juvenile of a section of Title 26 listed in this subsection, Title 40 listed in this subsection or N.J.S. 2C:33-13, shall forward a copy of the record of conviction in that case to the Family Part intake service of the county where the municipal court is located. If a municipal court orders detention or imposes a term of imprisonment on a juvenile in connection with a violation of Title 39 of the Revised Statutes, chapter 7 of Title 12 of the Revised Statutes, Title 40 of the Revised Statutes or N.J.S. 2C:33-13, that detention or term of imprisonment shall be served at a suitable juvenile institution and not at a county jail or county workhouse. 2A: 4A-24. Exclusive jurisdiction of the court and nature of jurisdiction a. Except as otherwise provided by law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juvenile-family crisis. Upon the determination that a juvenile has committed an act of delinquency or that a juvenile-family crisis exists, the court may impose such disposition or dispositions over those persons subject to its jurisdiction consistent with the purposes of this act. Such jurisdiction shall extend in these matters over a juvenile and his parent, guardian or any family member found by the court to be contributing to a juvenile-family crisis. The court shall, in accordance with the Rules of Court, clearly specify the responsibilities of those subject to its jurisdiction with respect to the plan of rehabilitation for the juvenile. b. The court shall have jurisdiction in respect to the custody of any juvenile who may be held as a material witness in any case pending in the court. Whenever a juvenile is a material witness in any other court, the procedures established by this act shall be followed. c. Juveniles who appear before the court in any capacity shall be deemed to be wards of

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the court and protected accordingly. d. Nothing in this act shall affect the jurisdiction of other courts over offenses committed after a juvenile under the jurisdiction of the court reaches the age of 18 years. 2A: 4A-25. Transfer from other courts 6. Transfer from other courts. Except as provided in section 4 of P.L. 1982, c.77 (C. 2A: 4A-23), and unless jurisdiction has been waived under section 7 of P.L. 1982, c.77 (C. 2A: 4A-26), if during the pendency in any other court of a case charging a person with a crime, offense or violation, it is ascertained that such person was a juvenile at the time of the crime, offense or violation charged, such court shall immediately transfer such case to the Superior Court, Chancery Division, Family Part. The Family Part shall thereupon proceed in the same manner as if the case had been instituted under this chapter in the first instance. 2A: 4A-26 Referral to another court without juvenile's consent. 7. Referral to another court without juvenile's consent. a. On motion of the prosecutor, the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that: (1)The juvenile was 14 years of age or older at the time of the charged delinquent act; and (2)There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute: (a)Criminal homicide other than death by auto, strict liability for drug induced deaths, pursuant to N.J.S. 2C:35-9, robbery which would constitute a crime of the first degree, carjacking, aggravated sexual assault, sexual assault, aggravated assault which would constitute a crime of the second degree, kidnapping or aggravated arson; or (b)A crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted, on the basis of any of the offenses enumerated in subsection a.(2)(a); or (c)A crime committed at a time when the juvenile had previously been sentenced and confined in an adult penal institution; or (d)An offense against a person committed in an aggressive, violent and willful manner, other than an offense enumerated in subsection a.(2)(a) of this section, or the unlawful possession of a firearm, destructive device or other prohibited weapon, arson or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit producing drug; or

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(e)A violation of N.J.S. 2C:35-3, N.J.S. 2C:35-4, or N.J.S. 2C:35-5; or (f)Crimes which are a part of a continuing criminal activity in concert with two or more persons and the circumstances of the crimes show the juvenile has knowingly devoted himself to criminal activity as a source of livelihood; or (g)An attempt or conspiracy to commit any of the acts enumerated in paragraph (a), (d) or (e) of this subsection; or (h)Theft of an automobile pursuant to chapter 20 of Title 2C of the New Jersey Statutes; or (i)Possession of a firearm with a purpose to use it unlawfully against the person of another under subsection a. of N.J.S. 2C:39-4, or the crime of aggravated assault, aggravated criminal sexual contact, burglary or escape if, while in the course of committing or attempting to commit the crime including the immediate flight therefrom, the juvenile possessed a firearm; or (j)Computer criminal activity which would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L. 1984. c.184 (C. 2C:20-25 or C. 2C:20-31); and (3)Except with respect to any of the acts enumerated in subparagraph (a), (i) or (j) of paragraph (2) of subsection a. of this section, or with respect to any acts enumerated in subparagraph (e) of paragraph (2) of subsection a. of this section which involve the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any property used for school purposes which is owned by or leased to any school or school board, or within 1,000 feet of such school property or while on any school bus, or any attempt or conspiracy to commit any of those acts, the State has shown that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver. b.(Deleted by amendment, P.L. 1999, c.373). c. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is premised, but also all other delinquent acts arising out of or related to the same transaction. d. A motion seeking waiver shall be filed by the prosecutor within 30 days of receipt of the complaint. This time limit shall not, except for good cause shown, be extended. e. If the juvenile can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted. This subsection shall not apply with respect to a juvenile 16 years of age or older who is charged with committing any of the acts enumerated in subparagraph (a), (i) or (j) of paragraph (2) of subsection a. of this section or with respect to a violation of N.J.S. 2C:35-3, N.J.S. 2C:35-

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4 or section 1 of P.L. 1998, c.26 (C. 2C:39-4.1).

f. The Attorney General shall develop for dissemination to the county prosecutors those guidelines or directives deemed necessary or appropriate to ensure the uniform application of this section throughout the State. 2A: 4A-27. Referral to other court at election of juvenile Any juvenile 14 years of age or older charged with delinquency may elect to have the case transferred to the appropriate court having jurisdiction. Any juvenile under 14 years of age charged with an offense which, if committed by an adult, would constitute murder under N.J.S. 2C:11-3 may elect to have the case transferred to the appropriate court having jurisdiction. 2A: 4A-28. Effect of referral to other court 9. Effect of referral to other court. Whenever a case is referred to another court as provided by section 7 of P.L. 1982, c.77 (C. 2A: 4A-26) or section 8 of P.L. 1982, c.77 (C. 2A: 4A-27), that case shall thereafter proceed in the same manner as if the case had been instituted in that court in the first instance. 2A: 4A-29. Use of juvenile's testimony at referral hearing 10. Use of juvenile's testimony at referral hearing. No testimony of a juvenile at a hearing pursuant to section 7 of P.L. 1982, c.77 (C. 2A: 4A-26) or section 8 of P.L. 1982, c.77 (C. 2A: 4A-27) shall be admissible for any purpose in any hearing to determine delinquency or guilt of any offense. 2A: 4A-30. Complaints and petitions a. Complaints charging delinquency may be signed by any person who has knowledge of the facts alleged to constitute delinquency or is informed of such facts and believes that they are true. The complaint shall be filed with the clerk of the court and shall set forth: (1) The name, address, and date of birth of the juvenile; (2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian; (3) The date, time, manner, and place of the acts alleged as the basis of the complaint; (4) A citation of the law or ordinance allegedly violated by the juvenile; and (5) The signature of the complainant. b. Petitions alleging that a juvenile-family crisis exists shall be signed by court intake services pursuant to section 8 of P.L. 1982, c. 80 (C. 2A: 4A-83). The petition shall be filed with the clerk of the court and shall set forth: (1) The name, address, and date of birth of the juvenile;

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(2) The name and address of the juvenile's parents or guardian and, if the juvenile is in custody of some other person, the name and address of the custodian; (3) The date, time, manner, and place of the behavior, conduct, or condition alleged as the basis of the petition; and (4) The signature of the petitioner. c. Complaints and petitions shall be in such form as prescribed by the Rules of Court. 2A: 4A-31. Taking into custody

a. A juvenile may be taken into custody:

(1) Pursuant to an order or warrant of any court having jurisdiction; or (2) For delinquency, when there has been no process issued by a court, by a law enforcement officer, pursuant to the laws of arrest and the Rules of Court. b. Except where delinquent conduct is alleged, a juvenile may be taken into short-term custody by a law enforcement officer without order of the court when: (1) The officer has reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and taking into immediate custody is necessary for his protection; (2) The officer has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons; or (3) An agency legally charged with the supervision of a child has notified the law enforcement agency that the child has run away from out of home placement, provided, however, that in any case where the law enforcement officer believes that the juvenile is an "abused or neglected child" as defined in section 1 of P.L. 1974, c. 119 (C. 9:6-8.21), the officer shall handle the case pursuant to the procedure set forth in that act. c. The taking of a juvenile into custody shall not be construed as an arrest, but shall be deemed a measure to protect the health, morals and well being of the juvenile. 2A: 4A-32. Short-term custody 13. Short-term custody. a. Under no circumstances shall any juvenile taken into short-term custody under section 12 of P.L. 1982, c.77 (C. 2A: 4A31) be held more than six hours. A juvenile taken into short-term custody shall not be retained in a detention facility or jail. As used in this section, the juvenile-family crisis intervention unit means that unit established pursuant to P.L. 1982, c.80 (C. 2A: 4A-76 et seq.). b. An officer taking a juvenile into short-term custody shall inform the juvenile of the reason for custody and shall where possible transport, or arrange to have the juvenile transported to his home. The officer releasing a juvenile from such custody shall inform Page 7 of 29

the juvenile's parents or guardian and the juvenile-family crisis intervention unit of the reason for taking the juvenile into custody and may, if he believes further services are needed, inform the juvenile and his parents of the nature and location of appropriate services. c. A law enforcement officer taking a juvenile into short-term custody may transport the juvenile to the home of a relative of the juvenile or to the home of another responsible adult or make arrangement for such transportation where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in custody of the adult until such time as the juvenile-family crisis intervention unit can bring about the child's return home or an alternative living arrangement or out of home placement. A law enforcement officer placing a juvenile with a relative or responsible adult shall immediately notify the juvenile-family crisis intervention unit of this fact and the reason for taking the juvenile into custody. d. A law enforcement officer acting reasonably and in good faith pursuant to this section in releasing a juvenile to a person other than a parent of a juvenile is immune from civil or criminal liability for his action. A person other than a parent of the juvenile who receives a child pursuant to this section and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving the child. Immunity shall not release a person from liability under any other laws, including the laws regulating licensed child care or prohibiting child abuse and neglect. 2A: 4A-33. Taking into custody; notice to parents a. Any person taking a juvenile into custody shall immediately notify the parents, or the juvenile's guardian, if any, that the juvenile has been taken into custody. 2A: 4A-34. detention.

Criteria for placing juvenile in detention

Criteria for placing juvenile in

a. Where it will not adversely affect the health, safety or welfare of a juvenile, the juvenile shall be released pending the disposition of a case, if any, to any person or agency provided for in this section upon assurance being received that such person or persons accept responsibility for the juvenile and will bring him before the court as ordered. b. No juvenile shall be placed in detention without the permission of a judge or the court intake service. c. A juvenile charged with delinquency may not be placed or retained in detention under this act prior to disposition, except as otherwise provided by law, unless: (1) Detention is necessary to secure the presence of the juvenile at the next hearing as evidenced by a demonstrable record of recent willful failure to appear at juvenile court proceedings or to remain where placed by the court or the court intake service; or (2) The physical safety of persons or property of the community would be seriously Page 8 of 29

threatened if the juvenile were not detained and the juvenile is charged with an offense which, if committed by an adult would constitute a crime; or (3) When the criteria for detention are met and the juvenile is charged with an offense which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense, the juvenile may be placed in detention temporarily. Police and court intake personnel shall make all reasonable efforts to locate a parent or guardian to accept custody of the juvenile prior to requesting or approving the juvenile's placement in detention. If, after the initial detention hearing, continued detention is necessary, the juvenile shall not be detained in a secure facility but shall be transferred to a shelter or other non-secure placement. d. The judge or court intake officer prior to making a decision of detention shall consider and, where appropriate, employ any of the following alternatives: (1) Release to parents; (2) Release on juvenile's promise to appear at next hearing; (3) Release to parents, guardian or custodian upon written assurance to secure the juvenile's presence at the next hearing; (4) Release into care of a custodian or public or private agency reasonably capable of assisting the juvenile to appear at the next hearing; (5) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the juvenile at the next hearing; (6) Release with required participation in a home detention program; (7) Placement in a shelter care facility; or (8) Imposition of any other restrictions other than detention or shelter care reasonably related to securing the appearance of the juvenile. e. In determining whether detention is appropriate for the juvenile, the following factors shall be considered: (1) The nature and circumstances of the offense charged; (2) The age of the juvenile; (3) The juvenile's ties to the community; (4) The juvenile's record of prior adjudications, if any; and

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(5) The juvenile's record of appearance or nonappearance at previous court proceedings. f. No juvenile 11 years of age or under shall be placed in detention unless he is charged with an offense which, if committed by an adult, would be a crime of the first or second degree or arson. g. If the court places a juvenile in detention, the court shall state on the record its reasons for that detention. 2A: 4A-35. Release of juvenile on own recognizance A juvenile charged with delinquency may be released at either the police or court level on his own recognizance if all of the following circumstances have been met: a. The nature of the offense charged is not such that a danger to the community would exist if the juvenile were released; b. There is no parent, guardian or other appropriate adult custodian to whom the juvenile could be released and all reasonable measures have been exhausted by either police or court personnel to locate and contact any such person; c. The juvenile is at least 14 years of age; d. The identity and address of the juvenile are verified through a positive form of identification; and e. Reasonable certainty exists on the part of the releasing authority that upon release, the juvenile will return to school or home safely and will appear at his hearing. 2A: 4A-36. Detention of waiver cases a. If the court waives jurisdiction over a case and refers that case to the appropriate court and prosecuting authority, there shall be a hearing before the court waiving jurisdiction to decide whether to remand the juvenile to a juvenile or adult detention facility. The decision shall be based on the best interests of the juvenile and protection of the public, and shall take into account such factors as the juvenile's age and maturity, the nature and circumstances of the offense charged, the juvenile's prior offense history, the programs at each of the detention facilities, and any other relevant factors. b. No juvenile who has been waived to an appropriate adult court may be remanded to an adult detention facility prior to the hearing provided for in subsection a. 2A: 4A-37 Place of detention or shelter. 18. Place of detention or shelter. a. The Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170) shall specify the place where a juvenile may be detained; and the Department of Human Services shall specify where a juvenile may be

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placed in shelter. b. No juvenile shall be placed in detention or shelter care in any place other than that specified by the Juvenile Justice Commission or Department of Human Services as provided in subsection a. c. A juvenile being held for a charge under this act or for a violation of or contempt in connection with a violation of Title 39 of the Revised Statutes, chapter 7 of Title 12 of the Revised Statutes or N.J.S. 2C:33-13, including a juvenile who has reached the age of 18 years after being charged, shall not be placed in any prison, jail or lockup nor detained in any police station, except that if no other facility is reasonably available a juvenile may be held in a police station in a place other than one designed for the detention of prisoners and apart from any adult charged with or convicted of a crime for a brief period if such holding is necessary to allow release to his parent, guardian, other suitable person, or approved facility. No juvenile shall be placed in a detention facility which has reached its maximum population capacity, as designated by the Juvenile Justice Commission. d. No juvenile charged with delinquency shall be transferred to an adult county jail solely by reason of having reached age 18. The following standards shall apply to any juvenile who has been placed on probation pursuant to section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) and who violates the conditions of that probation after reaching the age of 18; who has been placed on parole pursuant to the provisions of the "Parole Act of 1979," P.L. 1979, c.441 (C.30:4-123.45 et seq.) and who violates the conditions of that parole after reaching the age of 18;or who is arrested after reaching the age of 18 on a warrant emanating from the commission of an act of juvenile delinquency: (1)In the case of a person 18 years of age but less than 20 years of age, the court, upon application by any interested party, shall determine the place of detention, taking into consideration the age and maturity of the person, whether the placement of the person in a juvenile detention facility would present a risk to the safety of juveniles residing at the facility, the likelihood that the person would influence in a negative manner juveniles incarcerated at the facility, whether the facility has sufficient space available for juveniles and any other factor the court deems appropriate. Upon application at any time by the juvenile detention facility administrator or any other interested party, the court may order that the person be relocated to the county jail. The denial of an application shall not preclude subsequent applications based on a change in circumstances or information that was not previously made available to the court. The determination of the place of detention shall be made in a summary manner; (2)In the case of a person 20 years of age or older, the person shall be incarcerated in the county jail unless good cause is shown. e. (1) The Juvenile Justice Commission and the Department of Human Services shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for juvenile detention facilities or

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shelters under their respective supervision. (2)The Juvenile Justice Commission and the Department of Human Services, in consultation with the appropriate county administrator of the county facility or shelter, shall assign a maximum population capacity for each juvenile detention facility or shelter based on minimum standards for these facilities. f. (1) Where either the Juvenile Justice Commission or the Department of Human Services determines that a juvenile detention facility or shelter under its control or authority is regularly over the maximum population capacity or is in willful and continuous disregard of the minimum standards for these facilities or shelters, the commission or department may restrict new admissions to the facility or shelter. (2)Upon making such determination, the commission or department shall notify the governing body of the appropriate county of its decision to impose such a restriction, which notification shall include a written statement specifying the reasons therefor and corrections to be made. If the commission or department shall determine that no appropriate action has been initiated by the administrator of the facility or shelter within 60 days following such notification to correct the violations specified in the notification, it shall order that such juvenile detention facility or shelter shall immediately cease to admit juveniles. The county shall be entitled to a hearing where such a restriction is imposed by the commission or department. (3)Any juvenile detention facility or shelter so restricted shall continue under such order until such time as the commission or department determines that the violation specified in the notice has been corrected or that the facility or shelter has initiated actions which will ensure the correction of said violations. (4)Upon the issuance of an order to cease admissions to a juvenile detention facility or shelter, the commission or department shall determine whether other juvenile detention facilities or shelters have adequate room for admitting juveniles and shall assign the juveniles to the facilities or shelters on the basis of available space; provided that the department shall not assign the juvenile to a facility or shelter where such facility or shelter is at the maximum population. A juvenile detention facility or shelter ordered to accept a juvenile shall do so within five days following the receipt of an order to accept admission of such juvenile. (5)A juvenile detention facility or shelter restricted by an order to cease admissions shall assume responsibility for the transportation of a juvenile sent to another juvenile detention facility or shelter so long as the order shall remain in effect. (6)A facility or shelter receiving juveniles pursuant to paragraph (4) of this subsection shall receive from the sending county a reasonable and appropriate per diem allowance for each juvenile sent to the facility, such allowance to be used for the custody, care, maintenance, and any other services normally provided by the county to juveniles in the facility or shelter and which reflects all county expenditures in maintaining such juvenile, including a

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proportionate share of all buildings and grounds costs, personnel costs, including fringe benefits, administrative costs and all other direct and indirect costs. (7)The governing body of a county whose juvenile detention facility or shelter has been prohibited from accepting new admissions, and whose juveniles have been assigned to other juvenile detention facilities or shelters, shall appropriate an amount to pay the county receiving such juveniles for all expenses incurred pursuant to paragraph (6) of this subsection. 2A: 4A-38. Detention hearing 19. Detention hearing. a. When a juvenile is taken into custody and detained a complaint shall be filed forthwith as provided by the Rules of Court. The court shall determine whether detention is required pursuant to the criteria provided for in section 15 of P.L. 1982, c.77 (C. 2A: 4A-34). b. Notice of the detention hearing, either oral or written, stating the time, place, and purpose of the hearing shall be given to the juvenile and to the juvenile's parent or parents, or guardian, if any, if they can be contacted. c. The detention hearing shall be conducted in accordance with the Rules of Court and shall be attended by the juvenile and one or both parents, or guardian, but may take place in the absence of parent or guardian if such notice or process fails to produce their attendance. d. When the judge finds that detention is not necessary or required, the court shall order the juvenile's release and may place such conditions, if any, upon release as are consistent with the purposes of this act, the Rules of Court, and as are provided for in section 15 of P.L. 1982, c.77 (C. 2A: 4A-34). e. The initial detention hearing shall be held no later than the morning following the juvenile's placement in detention including weekends and holidays. f. If a delinquency complaint has not been filed by the time the initial detention hearing has been held, the juvenile shall be released from custody immediately. g. When the court determines that detention is necessary pursuant to section 15 of P.L. 1982, c.77 (C. 2A: 4A-34), the court order continuing the juvenile's detention shall be supported by reasons and findings of fact on the record. h. If the juvenile is not represented by counsel at the initial detention hearing and if the court continues the juvenile's detention after the hearing, the court shall forthwith schedule a second detention hearing to be held within two court days thereafter at which time the juvenile shall be represented by counsel as provided by the Rules of Court. i. There shall be a probable cause determination where a juvenile has been charged with delinquency and has been placed in detention, within two court days after the initial hearing or, where a second detention hearing is necessary pursuant to subsection h. of this Page 13 of 29

section, at that hearing. j. A detention review hearing with counsel shall be held within 14 court days of the prior detention hearing and if detention is continued, detention review hearings shall be held thereafter at intervals not to exceed 21 court days. k. When a juvenile is detained, an adjudicatory hearing shall be held no later than 30 days from the date of detention. If no adjudicatory hearing is held within 30 days, the court shall, within 72 hours of a motion by the juvenile, fix a date certain for the adjudicatory hearing unless an extension is granted by the court for good cause shown. Written notice of any application for a postponement shall be sent to the juvenile's counsel who shall have the right to be heard on the application. l. When a juvenile has been adjudicated delinquent and is awaiting transfer to a dispositional alternative that does not involve a secure residential or out-of-home placement and continued detention is necessary, the juvenile shall be transferred to a nonsecure facility. 2A: 4A-39. Right to counsel a. A juvenile shall have the right, as provided by the Rules of Court, to be represented by counsel at every critical stage in the proceeding which, in the opinion of the court may result in the institutional commitment of the juvenile. b. During every court proceeding in a delinquency case, the waiving of any right afforded to a juvenile shall be done in the following manner: (1) A juvenile who is found to be competent may not waive any rights except in the presence of and after consultation with counsel, and unless a parent has first been afforded a reasonable opportunity to consult with the juvenile and the juvenile's counsel regarding this decision. The parent or guardian may not waive the rights of a competent juvenile. (2) Any such waiver shall be executed in writing or recorded. Before the court may accept a waiver, the court shall question the juvenile and his counsel to determine if the juvenile is knowingly, willingly and voluntarily waiving his right. If the court finds after questioning the juvenile that the waiver is not being made voluntarily and intelligently, the waiver shall be denied. (3) An incompetent juvenile may not waive any right. A guardian ad litem shall be appointed for the juvenile who may waive rights after consultation with counsel for the juvenile, and the juvenile. (4) Waivers shall be executed in the language regularly spoken by the juvenile. 2A: 4A-40. Rights of juveniles All defenses available to an adult charged with a crime, offense or violation shall be available to a juvenile charged with committing an act of delinquency.

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All rights guaranteed to criminal defendants by the Constitution of the United States and the Constitution of this State, except the right to indictment, the right to trial by jury and the right to bail, shall be applicable to cases arising under this act. 2A: 4A-41. Dispositional hearing Where a juvenile is adjudicated delinquent, the disposition of the case shall be entered within 30 days of such adjudication if the juvenile has been placed in a detention center or shelter-care facility. If the juvenile is so placed and no disposition of the case is made after 30 days, the court shall, upon motion of the juvenile, fix a date certain for the dispositional hearing which shall be within 10 days of the motion, unless an extension is granted by the court for good cause shown. Disposition shall be made in all other cases within 60 days unless an extension is granted by the court where good cause is shown. The court shall provide written notice to the proper parties as to the date, time and place of such hearing and do so sufficiently in advance of the hearing to allow adequate time for preparation. 2A: 4A-42 Predispositional evaluation. 23. Predispositional evaluation. a. Before making a disposition, the court may refer the juvenile to an appropriate individual, agency or institution for examination and evaluation. b. In arriving at a disposition, the court may also consult with such individuals and agencies as may be appropriate to the juvenile's situation, including the county probation division, the Division of Youth and Family Services, the Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170), the county youth services commission, school personnel, clergy, law enforcement authorities, family members and other interested and knowledgeable parties. In so doing, the court may convene a predispositional conference to discuss and recommend disposition. c. The predisposition report ordered pursuant to the Rules of Court may include a statement by the victim of the offense for which the juvenile has been adjudicated delinquent or by the nearest relative of a homicide victim. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation division shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the predisposition report if the victim or relative so desires. Any statement shall be made within 20 days of notification by the probation division. The report shall further include information on the financial resources of the juvenile. This information shall be made available on request to the Victims of Crime Compensation Board established pursuant to section 3 of P.L. 1971, c.317 (C. 52:4B-3) or to any officer authorized under section 3 of P.L. 1979, c.396 (C. 2C:46-4) to collect payment of an assessment, restitution or fine. Any predisposition report prepared pursuant to this section shall include an analysis of the circumstances attending the commission of the act, the impact of the offense on the community, the offender's history of delinquency or criminality, family situation, financial resources, the financial resources of the juvenile's parent or guardian, and information concerning the parent or guardian's exercise of

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supervision and control relevant to commission of the act. Information concerning financial resources included in the report shall be made available to any officer authorized to collect payment on any assessment, restitution or fine. 2A: 4A-43 Disposition of delinquency cases. 24. Disposition of delinquency cases. a. In determining the appropriate disposition for a juvenile adjudicated delinquent the court shall weigh the following factors: (1)The nature and circumstances of the offense; (2)The degree of injury to persons or damage to property caused by the juvenile's offense; (3)The juvenile's age, previous record, prior social service received and out-of-home placement history; (4)Whether the disposition supports family strength, responsibility and unity and the wellbeing and physical safety of the juvenile; (5)Whether the disposition provides for reasonable participation by the child's parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition; (6)Whether the disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child; (7)Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has mental retardation or learning disabilities; (8)Any other circumstances related to the offense and the juvenile's social history as deemed appropriate by the court; (9)The impact of the offense on the victim or victims; (10) The impact of the offense on the community; and (11) The threat to the safety of the public or any individual posed by the child. b. If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to subsection e. or f. of this section, the court may order incarceration pursuant to section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) or any one or more of the following dispositions:

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(1)Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S. 2C:35-15 but may waive imposition of the penalty set forth in N.J.S. 2C:35-16 for juveniles adjudicated delinquent; (2)Release the juvenile to the supervision of the juvenile's parent or guardian; (3)Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile; (4)Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile; (5)Place the juvenile under the care of the Department of Human Services under the responsibility of the Division of Youth and Family Services pursuant to P.L. 1951, c.138 (C. 30:4C-1 et seq.) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department of Human Services shall submit to the court a service plan, which shall be presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available to the department. If the court determines that the service plan is inappropriate, given existing resources, the department may request a hearing on that determination; (6)Place the juvenile under the care and custody of the Commissioner of the Department of Human Services for the purpose of receiving the services of the Division of Developmental Disabilities of that department, provided that the juvenile has been determined to be eligible for those services under P.L. 1965, c.59, s.16 (C.30:4-25.4); (7)Commit the juvenile, pursuant to applicable laws and the Rules of Court governing civil commitment, to the Department of Human Services under the responsibility of the Division of Mental Health Services for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile is in need of involuntary commitment; (8)Fine the juvenile an amount not to exceed the maximum provided by law for such a crime or offense if committed by an adult and which is consistent with the juvenile's income or ability to pay and financial responsibility to the juvenile's family, provided that the fine is specially adapted to the rehabilitation of the juvenile or to the deterrence of the type of crime or offense. If the fine is not paid due to financial limitations, the fine may be satisfied by requiring the juvenile to submit to any other appropriate disposition provided

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for in this section; (9)Order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms and conditions of restitution. If the juvenile participated in the offense with other persons, the participants shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the juvenile reasonably satisfies the court that the juvenile does not have the means to make restitution and could not reasonably acquire the means to pay restitution; (10) Order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned by the juvenile from the performance of community services may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay; (11) Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the juvenile from participation in a work program may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay; (12) Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking and other appropriate activities; (13) Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings and weekends; (14) Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services; (15) Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile; (16) (a) Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include

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education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work or other services; (b)Place the juvenile under the custody of the Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170) for placement with any private group home or private residential facility with which the commission has entered into a purchase of service contract; (17) Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any juvenile who used a motor vehicle in the course of committing an act for which the juvenile was adjudicated delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the delinquent act and the potential effect of the loss of driving privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial commitment; (18) Order that the juvenile satisfy any other conditions reasonably related to the rehabilitation of the juvenile; (19) Order a parent or guardian who has failed or neglected to exercise reasonable supervision or control of a juvenile who has been adjudicated delinquent to make restitution to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms and conditions of restitution; or (20) Place the juvenile, if eligible, in an appropriate juvenile offender program established pursuant to P.L. 1997, c.81 (C.30:8-61 et al.). c. (1) Except as otherwise provided in subsections e. and f. of this section, if the county in which the juvenile has been adjudicated delinquent has a juvenile detention facility meeting the physical and program standards established pursuant to this subsection by the Juvenile Justice Commission, the court may, in addition to any of the dispositions not involving placement out of the home enumerated in this section, incarcerate the juvenile in the youth detention facility in that county for a term not to exceed 60 consecutive days. Counties which do not operate their own juvenile detention facilities may contract for the use of approved commitment programs with counties with which they have established agreements for the use of pre-disposition juvenile detention facilities. The Juvenile Justice Commission shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for the use of juvenile detention facilities pursuant to this subsection. (2)No juvenile may be incarcerated in any county detention facility unless the county has entered into an agreement with the Juvenile Justice Commission concerning the use of the facility for sentenced juveniles. Upon agreement with the county, the Juvenile Justice Commission shall certify detention facilities which may receive juveniles sentenced pursuant to this subsection and shall specify the capacity of the facility that may be made

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available to receive such juveniles; provided, however, that in no event shall the number of juveniles incarcerated pursuant to this subsection exceed 50% of the maximum capacity of the facility. (3)The court may fix a term of incarceration under this subsection where: (a)The act for which the juvenile was adjudicated delinquent, if committed by an adult, would have constituted a crime or repetitive disorderly persons offense; (b)Incarceration of the juvenile is consistent with the goals of public safety, accountability and rehabilitation and the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors as set forth in section 25 of P.L. 1982, c.77 (C. 2A: 4A-44); and (c)The detention facility has been certified for admission of adjudicated juveniles pursuant to paragraph (2). (4)If as a result of incarceration of adjudicated juveniles pursuant to this subsection, a county is required to transport a predisposition juvenile to a juvenile detention facility in another county, the costs of such transportation shall be borne by the Juvenile Justice Commission. d. Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section other than subsection c., the duration of the juvenile's mandatory participation in such alternative programs shall extend for a period consistent with the program goal for the juvenile and shall in no event exceed one year beyond the maximum duration permissible for the delinquent if the juvenile had been committed to a term of incarceration. e. In addition to any disposition the court may impose pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44), the following orders shall be included in dispositions of the adjudications set forth below: (1)An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) or an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 60 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in violation of subsection c. of N.J.S. 2C:20-10, or the third degree crime of eluding in violation of subsection b. of N.J.S. 2C:29-2; (2)An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) which shall include a minimum term of 60 days during which the juvenile shall be ineligible for parole, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the Page 20 of 29

crime of aggravated assault in violation of paragraph (6) of subsection b. of N.J.S. 2C:12-1, the second degree crime of eluding in violation of subsection b. of N.J.S. 2C:29-2, or theft of a motor vehicle, in a case in which the juvenile has previously been adjudicated delinquent for an act, which if committed by an adult, would constitute unlawful taking of a motor vehicle or theft of a motor vehicle; (3)An order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 30 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the fourth degree crime of unlawful taking of a motor vehicle in violation of subsection b. of N.J.S. 2C:20-10; (4)An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) which shall include a minimum term of 30 days during which the juvenile shall be ineligible for parole, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of unlawful taking of a motor vehicle in violation of N.J.S. 2C:20-10 or the third degree crime of eluding in violation of subsection b. of N.J.S. 2C:29-2, and if the juvenile has previously been adjudicated delinquent for an act which, if committed by an adult, would constitute either theft of a motor vehicle, the unlawful taking of a motor vehicle or eluding. f. (1) The minimum terms of incarceration required pursuant to subsection e. of this section shall be imposed regardless of the weight or balance of factors set forth in this section or in section 25 of P.L. 1982, c.77 (C. 2A: 4A-44), but the weight and balance of those factors shall determine the length of the term of incarceration appropriate, if any, beyond any mandatory minimum term required pursuant to subsection e. of this section. (2)When a court in a county that does not have a juvenile detention facility or a contractual relationship permitting incarceration pursuant to subsection c. of this section is required to impose a term of incarceration pursuant to subsection e. of this section, the court may, subject to limitations on commitment to State correctional facilities of juveniles who are under the age of 11 or developmentally disabled, set a term of incarceration consistent with subsection c. which shall be served in a State correctional facility. When a juvenile who because of age or developmental disability cannot be committed to a State correctional facility or cannot be incarcerated in a county facility, the court shall order a disposition appropriate as an alternative to any incarceration required pursuant to subsection e. (3)For purposes of subsection e. of this section, in the event that a "boot camp" program for juvenile offenders should be developed and is available, a term of commitment to such a program shall be considered a term of incarceration. g. Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section, the order shall include provisions which provide balanced attention to the protection of the community, accountability for offenses committed, fostering interaction and dialogue between the offender, victim and community

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and the development of competencies to enable the child to become a responsible and productive member of the community. 2A: 4A-43.2. Additional penalty for juvenile adjudicated delinquent 5. In addition to any other penalty imposed by the court, any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute criminal mischief pursuant to N.J.S. 2C:17-3, attempting to put another in fear of bodily violence pursuant to section 1 of P.L. 1981, c.282 (C. 2C:33-10), or defacement of private property pursuant to section 2 of P.L. 1981, c.282 (C. 2C:33-11), involving an act of graffiti, may be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property. 2A: 4A-43.3. Suspension, postponement of right to operate motor vehicle 6. Instead of or in addition to any other disposition ordered by the court under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) for an initial act of graffiti committed by a person at least 13 and under 18 years of age, the court, considering the factors provided in paragraph (17) of subsection b. of section 24 of P.L. 1983, c.77 (C. 2A: 4A-43), may suspend or postpone for one year that person's right to operate a motor vehicle including a motorized bicycle. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement. A second or subsequent offense may result in the suspension or postponement of the person's right to operate a motor vehicle for two years. If a second or subsequent offense occurs during a period when the person has had this right suspended or postponed, the person's right to operate a motor vehicle may be suspended or postponed for an additional two years to run consecutively. The court before whom any person is convicted of or adjudicated delinquent for a violation shall collect forthwith the New Jersey driver's license or licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last

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day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S. 39:3-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's nonresident driving privileges in this State. 2A: 4A-44 Incarceration -- aggravating and mitigating factors. 25. Incarceration--Aggravating and mitigating factors. a. (1) Except as provided in subsections e. and f. of section 24 of P.L. 1982, c.77 (C. 2A: 4A43), in determining whether incarceration is an appropriate disposition, the court shall consider the following aggravating circumstances: (a)The fact that the nature and circumstances of the act, and the role of the juvenile therein, was committed in an especially heinous, cruel, or depraved manner; (b)The fact that there was grave and serious harm inflicted on the victim and that based upon the juvenile's age or mental capacity the juvenile knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable; (c)The character and attitude of the juvenile indicate that the juvenile is likely to commit another delinquent or criminal act; (d)The juvenile's prior record and the seriousness of any acts for which the juvenile has been adjudicated delinquent; (e)The fact that the juvenile committed the act pursuant to an agreement that the juvenile either pay or be paid for the commission of the act and that the pecuniary incentive was beyond that inherent in the act itself; (f)The fact that the juvenile committed the act against a policeman or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority, or the juvenile committed the act because of the status of the victim as a public servant;

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(g)The need for deterring the juvenile and others from violating the law; (h)The fact that the juvenile knowingly conspired with others as an organizer, supervisor, or manager to commit continuing criminal activity in concert with two or more persons and the circumstances of the crime show that he has knowingly devoted himself to criminal activity as part of an ongoing business activity; (i)The fact that the juvenile on two separate occasions was adjudged a delinquent on the basis of acts which if committed by an adult would constitute crimes; (j)The impact of the offense on the victim or victims; (k)The impact of the offense on the community; and (l)The threat to the safety of the public or any individual posed by the child. (2)In determining whether incarceration is an appropriate disposition the court shall consider the following mitigating circumstances: (a)The child is under the age of 14; (b)The juvenile's conduct neither caused nor threatened serious harm; (c)The juvenile did not contemplate that the juvenile's conduct would cause or threaten serious harm; (d)The juvenile acted under a strong provocation; (e)There were substantial grounds tending to excuse or justify the juvenile's conduct, though failing to establish a defense; (f)The victim of the juvenile's conduct induced or facilitated its commission; (g)The juvenile has compensated or will compensate the victim for the damage or injury that the victim has sustained, or will participate in a program of community service; (h)The juvenile has no history of prior delinquency or criminal activity or has led a lawabiding life for a substantial period of time before the commission of the present act; (i)The juvenile's conduct was the result of circumstances unlikely to recur; (j)The character and attitude of the juvenile indicate that the juvenile is unlikely to commit another delinquent or criminal act; (k)The juvenile is particularly likely to respond affirmatively to non custodial treatment;

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(l)The separation of the juvenile from the juvenile's family by incarceration of the juvenile would entail excessive hardship to the juvenile or the juvenile's family; (m)The willingness of the juvenile to cooperate with law enforcement authorities; (n)The conduct of the juvenile was substantially influenced by another person more mature than the juvenile. b. (1) There shall be a presumption of non incarceration for any crime or offense of the fourth degree or less committed by a juvenile who has not previously been adjudicated delinquent or convicted of a crime or offense. (2)Where incarceration is imposed, the court shall consider the juvenile's eligibility for release under the law governing parole. c. The following juveniles shall not be committed to a State juvenile facility: (1)Juveniles age 11 or under unless adjudicated delinquent for the crime of arson or a crime which, if committed by an adult, would be a crime of the first or second degree; and (2)Juveniles who are developmentally disabled as defined in paragraph (1) of subsection a. of section 3 of P.L. 1977, c.82 (C. 30:6D-3). d. (1) When the court determines that, based on the consideration of all the factors set forth in subsection a., the juvenile shall be incarcerated, unless it orders the incarceration pursuant to subsection c. of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43), it shall state on the record the reasons for imposing incarceration, including any findings with regard to these factors, and commit the juvenile to the custody of the Juvenile Justice Commission which shall provide for the juvenile's placement in a suitable juvenile facility pursuant to the conditions set forth in this subsection and for terms not to exceed the maximum terms as provided herein for what would constitute the following crimes if committed by an adult: (a)Murder under 2C:11-3a(1) or (2)

20 years

(b)Murder under 2C:11-3a(3)10 years (c)Crime of the first degree, except murder 4 years (d)Crime of the second degree 3 years (e)Crime of the third degree 2 years (f)Crime of the fourth degree 1 year (g)Disorderly persons offense 6 months

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(2)Except as provided in subsection e. of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43), the period of confinement shall continue until the appropriate paroling authority determines that such a person should be paroled; except that in no case shall the period of confinement and parole exceed the maximum provided by law for such offense. However, if a juvenile is approved for parole prior to serving one-third of any term imposed for any crime of the first, second or third degree, including any extended term imposed pursuant to paragraph (3) or (4) of this subsection, or one-fourth of any term imposed for any other crime the granting of parole shall be subject to approval of the sentencing court. Prior to approving parole, the court shall give the prosecuting attorney notice and an opportunity to be heard. If the court denies the parole of a juvenile pursuant to this paragraph it shall state its reasons in writing and notify the parole board, the juvenile and the juvenile's attorney. The court shall have 30 days from the date of notice of the pending parole to exercise the power granted under this paragraph. If the court does not respond within that time period, the parole will be deemed approved. Any juvenile committed under this act who is released on parole prior to the expiration of the juvenile's maximum term may be retained under parole supervision for a period not exceeding the unserved portion of the term and any term of post-incarceration supervision imposed pursuant to paragraph (5) of this subsection. The Parole Board, the juvenile, the juvenile's attorney, the juvenile's parent or guardian or, with leave of the court any other interested party, may make a motion to the court, with notice to the prosecuting attorney, for the return of the child from a juvenile facility prior to his parole and provide for an alternative disposition which would not exceed the duration of the original time to be served in the facility. Nothing contained in this paragraph shall be construed to limit the authority of the Parole Board as set forth in section 15 of P.L. 1979, c.441 (C.30:4-123.59). (3)Upon application by the prosecutor, the court may sentence a juvenile who has been convicted of a crime of the first, second, or third degree if committed by an adult, to an extended term of incarceration beyond the maximum set forth in paragraph (1) of this subsection, if it finds that the juvenile was adjudged delinquent on at least two separate occasions, for offenses which, if committed by an adult, would constitute a crime of the first or second degree, and was previously committed to an adult or juvenile facility. The extended term shall not exceed five additional years for an act which would constitute murder and shall not exceed two additional years for all other crimes of the first degree or second degree, if committed by an adult, and one additional year for a crime of the third degree, if committed by an adult. (4)Upon application by the prosecutor, when a juvenile is before the court at one time for disposition of three or more unrelated offenses which, if committed by an adult, would constitute crimes of the first, second or third degree and which are not part of the same transaction, the court may sentence the juvenile to an extended term of incarceration not to exceed the maximum of the permissible term for the most serious offense for which the juvenile has been adjudicated plus two additional years. (5)Every disposition that includes a term of incarceration shall include a term of postincarceration supervision equivalent to one-third of the term of incarceration imposed.

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During the term of post-incarceration supervision the juvenile shall remain in the community and in the legal custody of the Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170) in accordance with the rules of the parole board, unless the appropriate parole board panel determines that post-incarceration supervision should be revoked and the juvenile returned to custody in accordance with the procedures and standards set forth in sections 15 through 21 of P.L. 1979, c.441 (C.30:4123.59 through C.30:4-123.65). The term of post-incarceration supervision shall commence upon release from incarceration or parole, whichever is later. A term of postincarceration supervision imposed pursuant to this paragraph may be terminated by the appropriate parole board panel if the juvenile has made a satisfactory adjustment in the community while on parole or under such supervision, if continued supervision is not required and if the juvenile has made full payment of any fine or restitution. 2A: 4A-44.1. State incarceration of juveniles in county juvenile detention facilities 1. The Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170) may enter into an agreement with any county concerning the use of that county's juvenile detention facility for the housing of juveniles the court has placed under the custody of the commission for placement in State correctional facilities only if the county's juvenile detention facility is not over its maximum rated capacity. Unless the contract otherwise provides or the commission so directs in order to provide for the secure and orderly operation of the facility, a juvenile placed in a county detention facility pursuant to the provisions of this act shall not be segregated from the juveniles otherwise placed in the county detention facility or excluded from any program or activity offered in that facility. Any contract entered into pursuant to this section shall ensure that educational, vocational, mental health, health and rehabilitative services are provided to the juveniles and that these services are, at minimum, equivalent to those provided to adjudicated juveniles in State-operated facilities. 2A: 4A-45. Retention of jurisdiction 26. Retention of jurisdiction. a. The court shall retain jurisdiction over any case in which it has entered a disposition under paragraph 7 of subsection b. or subsection c. of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) or under section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) for the duration of that disposition of commitment or incarceration and may substitute any disposition otherwise available to it under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) other than incarceration. b. Except as provided for in subsection a., the court shall retain jurisdiction over any case in which it has entered a disposition under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) and may at any time for the duration of that disposition, if after hearing, and notice to the prosecuting attorney, it finds violation of the conditions of the order of disposition, substitute any other disposition which it might have made originally. c. The court may by its order retain jurisdiction in any other case.

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2A: 4A-46. Disposition of juvenile-family crisis 27. Disposition of juvenile-family crisis. a. The court may order any disposition in a juvenile-family crisis provided for in paragraphs (2), (4), (5), (6), (7) and (13) of subsection b. of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) or other disposition specifically provided for in P.L. 1982, c.80 (C. 2A: 4A-76 et seq.). b. No juvenile involved in a juvenile-family crisis shall be committed to or placed in any institution or facility established for the care of delinquent children or in any facility, other than an institution for the mentally retarded, a mental hospital or facility for the care of persons addicted to controlled dangerous substances, which physically restricts such juvenile committed to or placed in it. 2A: 4A-47. Termination of orders of disposition 28. a. Any order of disposition entered in a case under this act shall terminate when the juvenile who is the subject of the order attains the age of 18, or three years from the date of the order whichever is later unless such order involves incarceration or is sooner terminated by its terms or by order of the court. b. Any agency providing services pursuant to any court ordered disposition shall give prior notice to the court at least 30 days before terminating these services which notice shall include the date of intended termination. c. Upon termination of an order of disposition, maximum term, parole or community supervision the court shall enter an order requiring payment of any amounts owed by the juvenile or the parent or guardian of the juvenile pursuant to the court ordered disposition and shall file a copy of the order with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments; (1)the name of the juvenile or the juvenile's parent or guardian as judgment debtor; (2)the amount of the assessment imposed pursuant to section 2 of P.L. 1979, c.396 (C. 2C:43-3.1) and the Victims of Crime Compensation Board as a judgment creditor in that amount; (3)the amount of any restitution ordered and the name of any person entitled to receive payment as judgment creditors in the amount and according to the priority set by the court; (4)the amount of any fine and the governmental entity entitled to receive payment pursuant to section 3 of P.L. 1979, c.396 (C. 2C:46-4.) (5)the amount of the mandatory Drug Enforcement and Demand Reduction penalty imposed; (6)the amount of the forensic laboratory fee imposed; and

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(7) the date of the order. Where there is more than one judgment creditor the creditors shall be given priority consistent with the provisions of section 13 of P.L. 1991, c.329 (C. 2C:46-4.1). These entries shall have the same force as a civil judgment docketed in the Superior Court. 2A: 4A-48. Effect of disposition No disposition under this act shall operate to impose any of the civil disabilities ordinarily imposed by virtue of a criminal conviction, nor shall a juvenile be deemed a criminal by reason of such disposition. The disposition of a case under this act shall not be admissible against the juvenile in any criminal or penal case or proceeding in any other court except for consideration in sentencing, or as otherwise provided by law.

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State Case Law ______ 1. Search & Seizure a. NJ v TLO, 469 US 325 (1985) 2. Incarceration of Minors (JINS) a. State In The Interest of M.C. (Firearms) 3. Restitution a. State In The Interest of R.V. 4. Evidence a. State In The Interest of J.R., 165 N.J. Super. 346, 398 A.2d 150 (App. Div. 1979) 5. 10 US Supreme Court Cases Every Teen Should Know

Landmark Cases in US Juvenile Justice Page 20 of 27

10 Supreme Court Cases Every Teen Should Know By Tom Jacobs ______

The following article was originally published in September 2007 as a two-part series in The New York Times Upfront , a news magazine for teens published by Scholastic in partnership with The New York Times. The nation's highest court has had plenty to say about everything from free speech at school to teenagers' rights in the legal system. For those of us on the outside, the U.S. Supreme Court can seem remote and mysterious. But the Court, whose nine Justices are appointed for life and deliberate in secret, exerts a powerful influence over the course of the nation and over the lives of Americansï¿½including teenagers. In a landmark 1967 case known as In re Gault ("in re" is Latin for "in reference to"), which concerned the arrest of a 15-year-old Arizona boy, the Court ruled that teenagers have distinct rights under the U.S. Constitution. (Prior to that, the law generally regarded children as the property of their parents). In the 40 years since, the Court has weighed in on a host of issues involving people under 18ï¿½from freedom of speech and privacy at school to the rights of teenagers in the legal system. ______

Tinker v. Des Moines Independent School District (1969) Issue: Freedom of Speech at School Bottom Line: You Have the Right To Express Yourself Up to a Point Background In December 1965, John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. School officials told them to remove the armbands, and when they refused, they were suspended (John, 15, from North High; Mary Beth, 13, from Warren Harding Junior High; and Chris, 16, from Roosevelt High). With their parents, they sued the school district, claiming a violation of their First Amendment right of freedom of speech. Ruling The Supreme Court sided with the students. Students and teachers don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," the Court said. The Court did not, however, grant students an unlimited right to self-expression. It said First Amendment guarantees must be balanced against a school's need to keep order: As long as an act of expression doesn't disrupt classwork or school activities or invade the rights of others, it's acceptable. Regarding the students in this case, "their deviation consisted only in wearing on their sleeve a band of black cloth," the Court said. "They caused discussion outside of the classrooms, but no interference with work and no disorder."

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Impact In 1986, applying the "disruption test" from the Tinker case, the Supreme Court upheld the suspension of Matthew Fraser, a 17-year-old senior at Bethel High School in Tacoma, Washington, who gave a school speech containing sexual innuendos (Bethel School District v. Fraser). The Court said "it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse." Lower courts have relied on Tinker in rulings on school attire, allowing nose rings and dyed hair, for example, but disallowing a T-shirt displaying a Confederate flag. In June, the Supreme Court weighed in on another student expression case, Frederick v. Morse, ruling that schools can limit student speech that seems to advocate illegal drug use. The case concerned Joseph Frederick, an 18-year-old senior at Juneau-Douglas High School in Alaska, who was suspended in 2002 for holding a banner that said "Bong Hits 4 Jesus" while standing across the street from the school during the Olympic torch relay. ______

New Jersey v. T.L.O. (1985) Issue: Privacy Rights at School Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily Background T.L.O. (Terry), a 14-year-old freshman at Piscataway High School in New Jersey, was caught smoking in a school bathroom by a teacher. The principal questioned her and asked to see her purse. Inside was a pack of cigarettes, rolling papers, and a small amount of marijuana. The police were called and Terry admitted selling drugs at school. Her case went to trial and she was found guilty of possession of marijuana and placed on probation. Terry appealed her conviction, claiming that the search of her purse violated her Fourth Amendment protection against "unreasonable searches and seizures." Ruling The Supreme Court ruled in favor of the school. Students have "legitimate expectations of privacy," the Court said, but that must be balanced with the school's responsibility for "maintaining an environment in which learning can take place." The initial search of Terry's purse for cigarettes was reasonable, the Court said, based on the teacher's report that she'd been smoking in the bathroom. The discovery of rolling papers near the cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the Court said, which justified further exploration. Impact T.L.O. is the landmark case on search and seizure at school. Basically, school officials may search a student's property if they have a "reasonable suspicion" that a school rule has been broken, or a student has committed or is in the process of committing a crime. These are called "suspicion-based" searches. There are also "suspicionless searches" in which everyone in a certain group is subject to a search at school. [See Vernonia v. Acton in Part 2 of this article in the next issue of Upfront.]

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Ingraham v. Wright (1977) Issue: School Discipline Bottom Line: Teachers Can Use Corporal Punishment, If Your Locality Allows It Background James Ingraham, a 14-year-old eighth-grader at Drew Junior High School in Miami, was taken to the principal's office after a teacher accused him of being rowdy in the school auditorium. The principal decided to give him five swats with a paddle, but James said that he hadn't done anything wrong and refused to be punished. He was subsequently held down while the principal gave him 20 swats. While corporal punishment was permitted in the school district, James suffered bruises that kept him out of school for 10 days and he had to seek medical attention. James and his mother sued the principal and other school officials, claiming the paddling violated Eighth Amendment protections against "cruel and unusual punishments." Ruling The Supreme Court ruled against James. The Court said that reasonable physical discipline at school doesn't violate the Constitution. The Eighth Amendment, the Justices said, was designed to protect convicted criminals from excessive punishment at the hands of the governmentï¿½not schoolchildren who misbehave. The Court, however, did direct teachers and principals to be cautious and use restraint when deciding whether to administer corporal punishment to students. The Justices suggested that school officials consider the seriousness of a student's offense, the student's attitude and past behavior, the age and physical condition of the student, and the availability of a less severe but equally effective means of discipline. Impact The Court left the question of whether to allow corporal punishment up to states and local districts, which traditionally set most education policies. Twenty-two states currently permit corporal punishment in public schools, and 28 have banned the practice. ______

Santa Fe Independent School District v. Jane Doe (2000) Issue: School Prayer Bottom Line: Public schools Cannot Sponsor Religious Activity Background A Texas school district allowed a student "chaplain," who had been elected by fellow students, to lead a prayer over the public address system before home football games. Several students and their parents anonymously sued the school district, claiming a violation of what's known as the Establishment Clause of the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

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Ruling The Supreme Court ruled that the school district's policy regarding prayer was unconstitutional. Although led by students, the prayers were still a school-sponsored activity, the Court said, and they were coercive because they placed students in the position of having to participate in a religious ceremony. "The Constitution demands that schools not force on students the difficult choice between attending these games and avoiding personally offensive religious rituals," the Court said. The Justices added that "nothing in the Constitution ... prohibits any public school student from voluntarily praying at any time before, during, or after the school day." Impact Since the Santa Fe decision, several lower courts have held that student-initiated group prayer is protected under the First Amendment if it is not sponsored by the school. This is generally accepted to mean, for instance, that a group of student athletes could pray together before a game in the locker room, as long as the coach or other school officials are not involved. ______

Kent v. United States (1966) Issue: Juveniles and Serious Crime Bottom Line: Teens Can Be Tried as Adults Background Morris Kent, 16, who had been on probation since he was 14 for burglary and theft, was arrested and charged with three home burglaries, three robberies, and two counts of rape in Washington, D.C. Because of the seriousness of the charges and Morris's previous criminal history, the prosecutor moved to try Morris in adult court. Morris's lawyer wanted the case to stay in juvenile court where the penalties were much less severe. He had planned to argue that Morris had a mental illness that should be taken into account when deciding where he would be tried. Without a hearing, the judge sided with the prosecutor and sent Morris to adult court, where he was found guilty and sentenced to 30 to 90 years in prison. Morris appealed, arguing that the case should have remained in juvenile court. Ruling The Supreme Court ruled against Morris, and said that a minor can be tried and punished as an adult. However, the Justices said that in deciding whether to remove a case from juvenile court, judges must weigh a variety of factors, including the seriousness of the crime; the juvenile's age; and the defendant's criminal background and mental state. Impact How the courts treat juveniles in the legal system varies from state to state. In many states, those under 18 can be tried as adults for crimes such as murder, sexual assault, or possession or sale of drugs, with punishments that range up to life in prison without the possibility of parole. In 2005, the Supreme Court abolished the death penalty for juvenile offenders, saying it violated the Eighth Amendment's protection against "cruel and unusual punishments."

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Hazelwood School District v. Kuhlmeier (1988) Issue: Student Journalism and the First Amendment Bottom Line: Schools Can Censor Student Newspapers Background Cathy Kuhlmeier, Leslie Smart, and Leanne Tippett, juniors at Hazelwood East High School in St. Louis, Missouri, helped write and edit the school paper, the Spectrum, as part of a journalism class. An issue of the paper was to include articles about the impact of divorce on students and teen pregnancy. The school's principal refused to publish the two stories, saying they were too sensitive for younger students and contained too many personal details. The girls went to court claiming their First Amendment right to freedom of expression had been violated. Ruling The Supreme Court ruled against the girls. A school newspaper isn't a public forum in which anyone can voice an opinion, the Court said, but rather a supervised learning experience for students interested in journalism. "Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities," the Court said, "so long as their actions are reasonably related to legitimate [educational] concerns." Impact Schools may censor newspapers and restrict other forms of student expression, including theatrical productions, yearbooks, creative writing assignments, and campaign and graduation speeches. But the Court's ruling in Hazelwood encourages schools to look closely at a student activity before imposing any restrictions and to balance the goal of maintaining high standards for student speech with students' right to free expression. ______

Vernonia School District v. Acton (1995) Issue: Student Athletes and Drug Testing Bottom Line: Schools Can Require It Background James Acton, a 12-year-old seventh-grader at Washington Grade School in Vernonia, Oregon, wanted to try out for the football team. His school required all student athletes to take drug tests at the beginning of the season and on a random basis during the school year. James's parents refused to let him be tested because, they said, there was no evidence that he used drugs or alcohol. The school suspended James from sports for the season. He and his parents sued the school district, arguing that mandatory drug testing without suspicion of illegal activity constituted an unreasonable search under the Fourth Amendment. Ruling The Supreme Court ruled in favor of the school district. Schools must balance students' right to privacy against the need to make school campuses safe and keep student athletes away from drugs, the Court said. The drug-testing policy, which required students to provide a urine sample, involved only a limited Page 5 of 8

invasion of privacy, according to the Justices: "Students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges, including privacy." The Court noted that all students surrender some privacy rights while at school: They must follow school rules and submit to school discipline. But student athletes have even fewer privacy rights, the Justices said, and must follow rules that don't apply to other students. Joining a team usually requires getting a physical exam, obtaining insurance coverage, and maintaining a minimum grade point average. And athletes must be willing to shower and change in locker rooms, further reducing their privacy. "School sports are not for the bashful," the Court said. Impact More recently, the Court has ruled in favor of school policies requiring random drug testing for all extracurricular activities (Board of Education v. Earls, 2002). ______

West Side Community Schools v. Mergens (1990) Issue: Student Clubs Bottom Line: Public Schools That Allow Student-Interest Clubs Cannot Exclude Religious or Political Ones Background Bridget Mergens was a senior at Westside High School in Omaha, Nebraska. She asked her homeroom teacher, who was also the school's principal, for permission to start an after-school Christian club. Westside High already had about 30 clubs, including a chess club and a scuba-diving club. The principal denied Bridget's request, telling her that a religious club would be illegal in a public school. The year before, in 1984, Congress had addressed this issue in the Equal Access Act, which required public schools to allow religious and political clubs if they let students form other kinds of studentinterest clubs. When Bridget challenged the principal's decision, her lawsuit became the Supreme Court's test case for deciding whether the Equal Access Act was constitutional under what is known as the Establishment Clause of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Ruling The Supreme Court ruled in favor of Bridget. Allowing students to meet on campus to discuss religion after school did not amount to state sponsorship of religion, the Court said: "We think that secondaryschool students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits." Impact If a public school allows only clubs tied to the school curriculumï¿½a French club related to French classes, for instanceï¿½it can exclude clubs that don't connect to its educational mission. But once a school allows student-interest clubsï¿½such as a scuba-diving club, environmental club, or jazz clubï¿½it cannot exclude religious clubs, political clubs, gay-lesbian clubs, or other groups.

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If the club is religious in nature, however, the school must refrain from active involvement or sponsorship, so that it doesn't run afoul of the Establishment Clause, the Court said. ______

Grutter v. Bollinger (2003) Issue: Affirmative Action in College Bottom Line: Colleges Can Use Race as a Factor in Admissions Background In 1997, Barbara Grutter, a white Michigan resident, was denied admission to the University of Michigan Law School. Grutter, who had a 3.8 undergraduate grade point average and good standardized test scores, sued the university over the law school's affirmative action policy, which considered race as a factor in admissions. Michigan and many other universities use affirmative action to increase the number of minority students admitted. Grutter claimed that Michigan admitted less-qualified minority applicants in violation of federal civil rights laws and the Fourteenth Amendment, which guarantees citizens "equal protection" under the law. Ruling The Supreme Court upheld the use of affirmative action in higher education. "Student-body diversity is a compelling state interest that can justify the use of race in university admissions," the Court said. But the Court emphasized that the University of Michigan's policy was acceptable because the school conducted a thorough review of each applicant's qualifications and did not use a racial quota systemï¿½meaning it did not set aside a specific number of offers for minority applicants. Impact Affirmative action, which has its origins in a 1961 executive order issued by President John F. Kennedy, continues to be a contentious issue, with critics charging that it amounts to reverse discrimination. Since 1996, voters in three statesï¿½California, Washington, and, most recently, Michiganï¿½have approved laws banning affirmative action in public education, in state government hiring, and the awarding of state contracts. (At Upfrontmagazine.com: a look at the Court's decision in June limiting the use of race in public school integration plans.) ______

DeShaney v. Winnebago County Social Services (1989) Issue: Constitutional Rights at Home Bottom Line: The Constitution Doesn't Protect Kids from Their Parents Background Four-year-old Joshua DeShaney lived with his father, who physically abused him, in Neenah, Wisconsin. At one point, the State Department of Social Services took custody of Joshua but returned him after three days. Later, Joshua was hospitalized with bruises all over his body and severe brain damage. He survived, but was permanently paralyzed and mentally disabled. His father was convicted of child abuse and sent to prison. Joshua's mother sued the Department of Social Services for returning him to his father. She argued Page 7 of 8

that the department had a duty to protect her son under the Fourteenth Amendment, which forbids the state from depriving "any person of life, liberty, or property, without due process of law." Ruling The Court ruled against Joshua and his mother. It said essentially that the Constitution does not protect children from their parents and that therefore the government was not at fault in Joshua's abuse. Impact The Supreme Court has consistently respected parents' rights to discipline their children. But even though the government isn't required under the Constitution to protect children, all states assume this responsibility through child protection laws. The Supreme Court has generally deferred to state and local governments to enforce these laws and to intervene in cases of mistreatment.

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New Jersey v. T.L.O. 469 U.S. 325 (1985)

______ John J. Patrick, The Supreme Court of the United States A Student Companion, 2nd Ed., Oxford Press

Vote: 6-3 For the Court: White; Dissenting: Stevens, Brennan, and Marshall A teacher at a New Jersey high school discovered a student smoking cigarettes in a school bathroom, which was a violation of school rules. The teacher took the student to the principal's office. The assistant principal questioned the student, who denied she had been smoking in the bathroom. The school assistant principal then demanded to see her purse. After opening it, he found cigarettes, cigarette rolling papers that are commonly associated with the use of marijuana, a pipe, plastic bags, money, a list of students who owed her money, and two letters that contained evidence that she had been involved in marijuana dealings. As a result of this search of the student's purse and the seizure of items in it, the state brought delinquency charges against the student in New Jersey Juvenile Court. The student (identified in the case only by her initials, T.L.O.) countered with a motion to suppress the evidence found in her purse as a violation of her constitutional rights against unreasonable and unwarranted searches and seizures. The Issue Is the 4th Amendment prohibition of unreasonable and unwarranted searches and seizures applicable to officials in a public school with regard to its students? Opinion of the Court The Supreme Court decided that the 4th Amendment prohibition of unreasonable searches and seizures is applicable to searches conducted by public school officials, but that in this case a warrantless search of the student's purse was reasonable and permissible. Justice Byron White wrote the opinion of the Court. He said that school officials may search a student in school as long as "there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school." Dissent Justice John Paul Stevens wrote in the dissent: The search of a young woman's purse by a school administrator is a serious invasion of her legitimate expectations of privacy . . . . Because (the student's) conduct was neither unlawful nor significantly disruptive of school order or the educational process, the invasion of privacy associated with the forcible opening of TLO's purse was entirely unjustified at its inception . . . The rule the Court adopts today is so open-ended that it may make the Fourth Amendment virtually meaningless in the school context. Although I agree that school administrators must have broad latitude to maintain order and discipline in our classrooms, that authority is not unlimited.

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Significance This decision indicated that the Court did not view the rights of students in public school as equivalent to the rights of adults in a nonschool setting. Police need to demonstrate "probable cause" that individuals the search have violated or are violating a law. School officials, by contrast need to have only "reasonable suspicion" of unlawful conduct to justify a search of students in school. School authorities, in this view, may restrict the rights of students in behalf of the school's compelling educational purpose.

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Superior Court of New Jersey, Appellate Division. STATE of New Jersey in the Interest of R.V., a Juvenile. Submitted Feb. 14, 1995. Decided March 8, 1995. Juvenile was adjudicated delinquent in the Superior Court, Chancery Division, Somerset County, for beating victim with baseball bat. Juvenile appealed. The Superior Court, Appellate Division, Petrella, P.J.A.D., held that: (1) sufficient evidence supported delinquency determination; (2) restitution amount was appropriate; but (3) restitution required conditions and terms. Affirmed and remanded. West Headnotes

[1] KeyCite Notes 211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(F) Review 211k248 Review 211k252 k. Questions of Law and Fact. Most Cited Cases Standard of review of adjudication of delinquency in nonjury juvenile proceeding is whether there is sufficient credible evidence in record to support judge's determination; weight of evidence is only consideration in jury trials.

[2] KeyCite Notes 211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(C) Evidence 211k175 Weight and Sufficiency 211k176 k. Delinquency; Violation of Law. Most Cited Cases Adjudication of delinquency based on acts, which, if committed by adult, would have been third-degree possession of weapon for unlawful purpose and second-degree aggravated assault, was supported by statements given to police shortly after incident by various witnesses implicating juvenile as perpetrator who beat victim with baseball bat. N.J.S.A. 2C:12-1, subd. b(1), 2C:39-4, subd. d.

[3] KeyCite Notes

211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(E) Judgment; Disposition of Child 211k223 Delinquents and Law Violators 211k224 k. Fines and Restitution Orders. Most Cited Cases

350H Sentencing and Punishment KeyCite Notes 350HXI Restitution 350HXI(A) In General 350Hk2101 k. Nature and Purpose. Most Cited Cases (Formerly 110k1208.4(2)) Restitution is not imposed as punishment, but is considered part of rehabilitation of criminal or juvenile delinquent, as well as recompense for victim.

[4] KeyCite Notes 211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(E) Judgment; Disposition of Child 211k223 Delinquents and Law Violators 211k224 k. Fines and Restitution Orders. Most Cited Cases Future financial circumstances of juvenile adjudicated delinquent may be considered in determining amount of restitution juvenile must pay victim.

[5] KeyCite Notes 350H Sentencing and Punishment 350HXI Restitution 350HXI(G) Payment 350Hk2212 Enforcement 350Hk2217 k. Mode of Enforcement. Most Cited Cases (Formerly 110k1208.4(2)) Ordering of restitution does not mean that person ordered to make restitution, whether or not on probation or parole, will be imprisoned for nonpayment or be compelled to pay where he does not have sufficient means to do so.

[6] KeyCite Notes 211 Infants

211VIII Dependent, Neglected, and Delinquent Children 211VIII(E) Judgment; Disposition of Child 211k223 Delinquents and Law Violators 211k224 k. Fines and Restitution Orders. Most Cited Cases Restitution amount imposed on juvenile adjudicated delinquent for beating victim with baseball bat to degree that required hospitalization was appropriate, where amount of victim's medical expenses was undisputed, even though juvenile might not have been able to pay all of amount at that time. N.J.S.A. 2C:44-2, subds. b(2), c(2), 2C:46-2, subds. b, c. **999 *119 Susan L. Reisner, Public Defender, for appellant R.V. (Donald T. Thelander, Asst. Deputy Public Defender, of counsel and on the brief). Nicholas L. Bissell, Jr., Somerset County Prosecutor, for respondent State of NJ (Janice C. Forrester, Asst. Prosecutor, on the letter-brief). **1000 Before Judges PETRELLA, HAVEY and CUFF. The opinion of the court was delivered by

*120 PETRELLA, P.J.A.D. This is an appeal by a juvenile, R.V.,FN1 from an adjudication of delinquency for what would have been, if committed by an adult, third degree possession of a weapon (a baseball bat) for an unlawful purpose ( N.J.S.A. 2C:39-4d), and second degree aggravated assault ( N.J.S.A. 2C:12-1b(1)). FN1. The juvenile's brother was charged in a separate juvenile complaint with simple assault and was tried jointly with R.V. The charge against his brother was not sustained. On appeal, the juvenile argues: I. The adjudication of delinquency must be reversed as the judgment of the court was against the weight of the evidence. (Not raised below). II. The summary imposition of restitution without a hearing was illegal and the amount of restitution, $2,688.16, was excessive. Briefly stated, the events which were the subject of the delinquency complaints occurred in the evening of August 7, 1992 when R.V. went back to a Dairy Queen in Manville with a juvenile E.M., and some other friends to get even for an earlier pushing match which did not involve the victim. The victim who was present during the earlier scuffle at the Dairy Queen was hit in the head and other parts of his body with a baseball bat by a person identified that evening as R.V., resulting in the victim sustaining a broken skull, a broken jaw and other injuries, all of which required his hospitalization. The police obtained taped statements from various witnesses identifying R.V. as the

wielder of the bat, and as the brother of the juvenile against whom the charges were not sustained. At the juvenile hearing some of the juvenile witnesses who had given statements to the police either recanted, were forgetful, or evasive. The judge found credible the statements made by the witnesses soon after the event, and disbelieved their contrary or conflicting testimony at the juvenile hearing.

We note initially that the argument that the verdict was against the weight of the [1] evidence is not the proper standard in a *121 non-jury case. The standard is whether there is sufficient credible evidence in the record to support the judge's determination. See State In the Interest of J.R., 165 N.J.Super. 346, 350, 398 A.2d 150 (App.Div.1979). The weight of the evidence argument only applies to jury trials. Fanarjian v. Moskowitz, 237 N.J.Super. 395, 406, 568 A.2d 94 (App.Div.1989); see R. 3:20-1 and R. 5:1-1. Moreover, no weight of the evidence argument was ever raised below. Hence, if that standard applied the argument would be procedurally barred absent a clear showing that there has been a miscarriage of justice. State v. Ross, 249 N.J.Super. 246, 253, 592 A.2d 291 (App.Div.1991); see R. 2:10-2 and R. 2:10-1.

Here, the judge sitting on the juvenile proceeding found that the statements given [2] to the police shortly after the incident were credible. Those statements or portions of them were in evidence in the juvenile proceeding. The judge could properly reject as incredible the testimony of the witnesses at trial which was inconsistent with their prior statements. We turn next to R.V.'s contention that imposition of restitution in the amount of $2,688.16, the unchallenged amount of the victim's medical bills, was not appropriate. The issue was not raised below, and could be considered waived. There was no objection to the amount of restitution at the disposition hearing and there is no doubt that the court had the authority to impose restitution. N.J.S.A. 2C:43-3. However, it is true that no hearing was held with respect to how this restitution would be paid, how the payment would impact on the then sixteen-year old juvenile, or his ability to pay and prospects for future employment. See N.J.S.A. 2C:44-2b(2), c(1) and (2). As we view it, the question of restitution in criminal and juvenile proceedings need not hinge exclusively on ability to pay, if the amount of restitution ordered is otherwise appropriate. Where the court controls the **1001 victim's enforcement of restitution, and restitution is not an absolute condition of probation, restitution may be ordered even in the absence of present means to pay. See N.J.S.A. 2C:44-2d and 2C:46-2c. This is not to say, however, that *122 an impecunious defendant or juvenile can be made to pay what he does not have. Indeed, as recognized by our case law, such a principle would be inconsistent. See State v. Newman, 132 N.J. 159, 173, 623 A.2d 1355 (1993). The same concept generally applies in proceedings to collect civil judgments.

[3]

[4]

There is no question that restitution is not imposed as punishment, but is

considered part of rehabilitation of the criminal or juvenile delinquent, as well as recompense for the victim. State v. Rhoda, 206 N.J.Super. 584, 591, 503 A.2d 364 (App.Div.), certif. denied, 105 N.J. 524, 523 A.2d 167 (1986). Therefore, while we recognize the logic of limiting the burden imposed on a defendant or a juvenile delinquent to a reasonable amount, we perceive no reason not to order appropriate restitution even when the person ordered to make restitution is presently unable to pay either the entire amount or a lesser amount based on a reasonable payment schedule. This is not inconsistent with the statutory language that requires the court “[i]n determining the amount and method of payment of restitution” to “take into account all financial resources of the defendant, including the defendant's likely future earnings.” N.J.S.A. 2C:44-2c(2). We consider the intent of the statute to also require the court to take into account future income or assets, as well as future earnings. Indeed, this statute goes on to require that the court “shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay.” Ibid. Obviously, future financial circumstances and prospects may be considered. State v. Newman, supra, 132 N.J. at 179, 623 A.2d 1355. We see no reason to restrict restitution to less than the amount of harm or loss actually caused, particularly when enforcement or collection may be postponed, as is often the case with civil judgments, since essentially the same procedure for collection applies by virtue of N.J.S.A. 2C:46-2b and c. The court is thus entitled to take into account future earning power and potential future expectations of the person being *123 ordered to make restitution. That such person may in the future come into funds either through work, inheritance, potential recovery in a lawsuit, or indeed, even by winning the lottery or the jackpot in a casino,FN2 all militate in favor of imposing appropriate restitution, reducing it to a civil judgment, and making the amount subject to future enforcement. See N.J.S.A. 2C:44-2b(2) and c(2); N.J.S.A. 2C:462b and c. FN2. Although winning the lottery or hitting the jackpot at a casino may be rare, the State's encouragement of gambling in our present-day environment and the fact that such events have occurred in the past permit these potentialities to be taken into account.

[6] On the other hand, the ordering of restitution does not mean that a person [5] ordered to make restitution (whether or not on probation or parole FN3) will be imprisoned for non-payment or be compelled to pay where he does not have sufficient means to do so. State In the Interest of D.G.W., 70 N.J. 488, 505 & n. 4, 361 A.2d 513 (1976). Either an appropriate payment schedule can be specified, see N.J.S.A. 2C:46-1a, or a judgment entered in favor of the victim which would have the potential of being enforced in the future as a civil judgment if the person ordered to make restitution obtained assets which are reachable by process. See N.J.S.A. 2C:46-2b. An order fixing restitution in favor of the victim would have the salutary effect of not only preventing pecuniary gain by the perpetrator and affording relief to the innocent victim, N.J.S.A. 52:4B-36i, but of acting as a necessary deterrent by **1002 ensuring that a presently impoverished person ordered to make restitution will be precluded from escaping any responsibility, present or future, for repayment for the injury or loss to the *124 victim caused by that person.FN4 Cf. State v. Rhoda, supra, 206 N.J.Super. at 591, 503 A.2d 364.

FN3. We recognize that due process considerations may apply where probation or parole conditions are involved which would require a current ability to pay hearing. Cf. N.J.S.A. 2C:44-2d (prohibiting the court from imposing an alternative sentence where the restitution is not paid); State v. Harris, 70 N.J. 586, 592, 362 A.2d 32 (1976) (court has discretion to impose restitution as condition of probation). FN4. The Crime Victim's Bill of Rights, N.J.S.A. 52:4B-34 to -38, contains legislative findings and declarations, and vests in crime victims and witnesses certain rights, including the right â&#x20AC;&#x153;to be compensated for their loss whenever possible.â&#x20AC;? N.J.S.A. 52:4B36i. Nevertheless, we are constrained to remand this case for a hearing to set the conditions and terms of restitution. See N.J.S.A. 2C:44-2; State v. Newman, supra, 132 N.J. at 179, 623 A.2d 1355. Because there appears to be no dispute as to the proper amount of the victim's medical expenses,FN5 the hearing will be limited to whether R.V. presently or in the future will or should be able to pay the amount ordered. If the judge finds that R.V. possesses the current or future ability to pay all or a portion of the restitution ( see N.J.S.A. 2C:44-2c(2)), he may so order on appropriate terms. In the event that the judge finds that R.V. will have no means to pay the restitution in the foreseeable future, he may nonetheless enter an order that R.V. shall in the future pay such portion of the amount as is reasonable, and in accordance with his present and future anticipated ability to pay, or potential ability to pay. Cf. State v. Orji, 277 N.J.Super. 582, 589-590, 649 A.2d 1368 (App.Div.1994) (no restitution hearing required where there was no dispute as to amount ordered or defendant's ability to pay). FN5. We view the claim of excessiveness to be directed at the juvenile's present ability to pay. However, if there were such a dispute the juvenile would be afforded an opportunity to challenge the reasonableness and necessity of the medical expenses. The judge should inquire into this aspect on the record. The adjudications of delinquency are affirmed. We remand for a restitution hearing consistent with this opinion. Jurisdiction is not retained.

Superior Court of New Jersey, Appellate Division. STATE of New Jersey, in the Interest of M.C ., Juvenile-Appellant. Submitted Dec. 4, 1996. Argued June 11, 1997. Decided Aug. 4, 1997. Juvenile was adjudicated delinquent in the Superior Court, Chancery Division-Family Part, Passaic County, for possessions a firearm. Juvenile appealed. The Superior Court, Appellate Division, Rodriguez, A.A., J.A.D., held that a juvenile in possession of a firearm need not be prosecuted exclusively under the statute creating an offense that would apply only to a person under age 18 and, thus, a juvenile may be subject to incarceration as a juvenile delinquent for unlawful possession of a firearm. Affirmed. West Headnotes

[1] KeyCite Notes 211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(B) Subjects and Grounds 211k153 k. Delinquency; Violation of Law. Most Cited Cases “Delinquency” is commission of act by juvenile, which if committed by adult, would be crime, disorderly persons offense, or petty disorderly persons offense, or violation of any other penal statute, ordinance, or regulation. N.J.S.A. 2A:4A-23, subds. a-c.

[2] KeyCite Notes 211 Infants 211VIII Dependent, Neglected, and Delinquent Children 211VIII(B) Subjects and Grounds 211k153 k. Delinquency; Violation of Law. Most Cited Cases Juvenile in possession of firearm need not be prosecuted exclusively under statute creating offense that would apply only to person under age 18, and, thus, juvenile may be subject to incarceration as juvenile delinquent for unlawful possession of firearm. N.J.S.A. 2A:4A-23, 2C:39-5, subd. c, 2C:58-6.1; L.1980, c. 52, § 1.

[3] KeyCite Notes 211 Infants

211VIII Dependent, Neglected, and Delinquent Children 211VIII(B) Subjects and Grounds 211k153 k. Delinquency; Violation of Law. Most Cited Cases Any violation that would constitute third-degree crime if committed by adult is â&#x20AC;&#x153;act of delinquencyâ&#x20AC;? when committed by juvenile. N.J.S.A. 2A:4A-23.

[4] KeyCite Notes 110 Criminal Law 110I Nature and Elements of Crime 110k29 Different Offenses in Same Transaction 110k29(3) k. Election Between Offenses. Most Cited Cases If there are two statutes which appear to overlap, prosecution may proceed under either statute absent clear legislative intent to the contrary. **571 Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant M.C. (Susan L. Reisner, Public Defender, attorney; Mr. Gautieri and Mordecai Garelick, Assistant Deputy Public Defenders, on the brief). Michelle Katich, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Ronald S. Fava, Passaic County Prosecutor, attorney). *626 Daniel I. Bornstein, Deputy Attorney General, argued the cause for amicus curiae Peter Verniero, Attorney General (Carol M. Henderson, Deputy Attorney General, of counsel). **572 Before Judges LONG, SKILLMAN and A.A. RODRIGUEZ.

RODRIGUEZ, A.A., J.A.D. M.C., then sixteen-years old, was arrested and charged with juvenile delinquency for conduct that, if committed by an adult, would have constituted possession of a shotgun without first obtaining a firearms purchaser identification card, N.J.S.A. 2C:39-5c. The judge sustained the complaint, and imposed a custodial term of one-year. The sentence was suspended upon a condition that M.C. participate in the Total Life Program. The contentions on appeal are that the adjudication of delinquency must be reversed because the Legislature intended that juveniles who possess firearms be prosecuted exclusively pursuant to N.J.S.A. 2C:58-6.1b and that the juvenile is not subject to incarceration because the offense is, by definition, limited to juveniles. We conclude that the Legislature, in enacting N.J.S.A. 2C:58-6.1b, intended that persons under the age of eighteen who possess firearms be prosecuted under either N.J.S.A. 2C:58-6.1b or N.J.S.A. 2C:39-5c. We further conclude that the Legislature intended that persons prosecuted pursuant to N.J.S.A. 2C:58-6.1b be subject to incarceration. Therefore, we affirm. The facts presented by the State can be summarized as follows. An off-duty Paterson

police officer saw M.C., accompanied by another young man, carrying a brown-leather gun case while walking on a public street. The officer followed the pair for approximately two blocks and then pulled up alongside M.C. Upon seeing the officer, M.C. threw the gun case down and ran. The officer retrieved the case, pursued M.C., and apprehended him after a struggle. The gun case contained a Remington 12-gauge shotgun. M.C. gave a statement indicating that he met another young man who told him that he had a shotgun. The pair agreed “to sell it to a crackhead.” M.C. acknowledged that he carried the shotgun because his friend said it was too heavy. *627 M.C. contends that the State could only prosecute him for violating N.J.S.A. 2C:586.1, which provides: a. No person under the age of 18 years shall purchase, barter or otherwise acquire a firearm. b. No person under the age of 18 years shall possess, carry, fire or use a firearm except under [certain exceptions not applicable here]. .... c. Notwithstanding any other provisions of law, any person under the age of 18 years who violates any provision of this section shall be adjudged delinquent. [ N.J.S.A. 2C:58-6.1.]

M.C. also argues that the Legislature “created a nonincarceration offense for juveniles who would otherwise be subject to a third degree juvenile sentence.”

Delinquency is the commission of an act by a juvenile, which if committed by an [1] adult, would constitute a crime, a disorderly persons offense, or a petty disorderly persons offense. N.J.S.A. 2A:4A-23a, b. Delinquency also encompasses the violation of any other penal statute, ordinance, or regulation. N.J.S.A. 2A:4A-23c. If a juvenile is adjudged delinquent, the court can impose incarceration as one of the appropriate dispositions. N.J.S.A. 2A:4A-43b; In re A.R., 246 N.J.Super. 241, 244, 587 A.2d 288 (App.Div.1991). The term of incarceration, if applicable, is based on the degree of the adult offense. N.J.S.A. 2A:4A-44d(1). The Legislature has also enacted statutes applicable only to juveniles. A juvenile charged with violating such a statute was formerly classified as a “juvenile in need of supervision” (JINS). State v. Buglione, 233 N.J.Super. 110, 114, 558 A.2d 51 (App.Div.) (citing N.J.S.A. 2A:4-45(d) (repealed 1983)), certif. denied, 117 N.J. 636, 569 A.2d 1336 (1989). A JINS offender could not be incarcerated. Ibid. (citing N.J.S.A. 2A:4-62 (repealed 1983)). The JINS classification has since been abrogated. Ibid. However, the JINS classification is now encompassed in the term “juvenile-family crisis.” Senate

Judiciary Committee Statement to Assembly Bill No. 641 (1982), reprinted following N.J.S.A. 2A:4A-20. See also 2A:4A-22g.

[2] *628 After reviewing the legislative history of N.J.S.A. 2C:58-6.1, we conclude that, **573 by its most recent amendment, the Legislature intended to create an offense that would apply only to a person under the age of eighteen and that such offender would be subject to incarceration as a juvenile delinquent. N.J.S.A. 2C:58-6.1, as originally enacted in 1979, provided in pertinent part that, “any person under the age of 18 who violates any provision of this section shall be deemed a juvenile in need of supervision.” L. 1979, c. 179, § 14. The statute was amended in 1980 to provide that a violator thereof “shall be adjudged delinquent.” L. 1980, c. 52, § 1. The statement of the amendment's sponsor declares: This bill would make illegal possession of firearms by persons under 18 years of age punishable as either a third degree crime or an act of delinquency, instead of as a juvenile in need of supervision violation, provided by the current law.FN1 Under the previous criminal law, 2A:151-11, such offense was punishable as either a misdemeanor or an act of delinquency, but this was changed under the new Penal Code, 2C:58-6.1. Given the current statutes on juvenile offenders, 2A:4-42 et seq. [now codified as 2A:4A-2 to -62], the effect of the bill would be, like 2A:151-11, to make this offense an act of delinquency. FN1. The original draft of the amendment provided that a violator would be guilty of a crime of the third degree or adjudged a delinquent. The reference to a crime of the third degree was eliminated “as an unnecessary guide to the criminal justice system regarding the gravity of the act of delinquency.” Assembly Judiciary, Law, Public Safety & Defense Committee Statement to Assembly Bill No. 720 (1980). An act of delinquency, under 2A:4-61 [currently 2A:4A-43], is subject to possible incarceration, which underlines the gravity of the offense and makes more effective the other possible penalties short of incarceration. A JINS offense is not subject to incarceration, under 2A:4-62 [currently 2A:4A-46]. The bill makes the offense either an act of delinquency or a third degree crime. This is done for three reasons. First, while the offense is by definition limited to juveniles, who will be dealt with as delinquents, the designation of third degree crime is added as an indication to the criminal justice system of the gravity of the offense. Illegal possession of firearms by adults is a third degree crime under 2C:39-5. Second, while juvenile is currently defined in the delinquency statutes as anyone under 18 years of age, 2A:4-43 [currently 2A:4A-22], this is subject to change. If the age limit for juvenile were lowered, the adult violators of 2C:58-6.1 would be subject to a third degree crime. *629 Third, 2A:4-44 [currently 2A:4A-23] defines delinquency as an act by a juvenile

which would be a crime or other offense if done by an adult. This bill in effect comports with this definition by designating the offense as a third degree crime if committed by an adult, while giving clear direction that the offense should be dealt with as an act of delinquency if done by a juvenile. This extra care in drafting is necessitated by the fact that the offense is limited to persons under 18, and this is the same format used by the old law, 2A:151-11. [Sponsor Statement to Assembly Bill No. 720 (1980) (emphasis added).] Thus, the sponsor's statement expressly mentions the Legislature's intent that violators under the age of eighteen be prosecuted pursuant to N.J.S.A. 2C:58-6.1 and that such violators be subject to incarceration.

[4] However, we conclude that neither the language nor the intent of N.J.S.A. [3] 2C:58-6.1 requires that a juvenile in possession of a firearm be prosecuted exclusively under that statute. Any violation which would constitute a third degree crime if committed by an adult is an act of delinquency when committed by a juvenile by virtue of N.J.S.A. 2A:4A-23. We find no authority that indicates that prosecution of juveniles who violate N.J.S.A. 2C:39-5c is excluded from this general rule. It is well settled that specific conduct may violate more than one statute. State v. Gledhill, 67 N.J. 565, 573, 342 A.2d 161 (1975). “Statutes are not inconsistent merely because they overlap in prohibiting the same act.” State v. Stelzner, 257 **574 N.J.Super. 219, 239, 608 A.2d 386 (App.Div.), certif. denied, 130 N.J. 396, 614 A.2d 619 (1992). Where there are two statutes which appear to overlap, the prosecution may proceed under either statute in the absence of a clear legislative intent to the contrary. State v. States, 44 N.J. 285, 291-292, 208 A.2d 633 (1965); State v. Drake, 79 N.J.Super. 458, 462, 191 A.2d 802 (App.Div.1963). We find no express or implied statement of a legislative intent to make N.J.S.A. 2C:58-6.1 the exclusive means of prosecuting a juvenile for unlawful possession of a firearm. If that had been the Legislature's intent, then it could have amended N.J.S.A. 2C:56-6.1 to indicate as much. See State v. Drake, supra, 79 N.J.Super. at 462, 191 A.2d 802. Alternatively, the Legislature could have amended N.J.S.A. 2C:39-5 so that it would only apply to adults, rather than “any person.” *630 We also note that there are many reported cases involving juvenile prosecutions for violations of N.J.S.A. 2C:39-5. See In re R.M., 141 N.J. 434, 440, 661 A.2d 1277 (1995); In re J.B., 284 N.J.Super. 513, 515, 665 A.2d 1124 (App.Div.1995); State v. Bryant, 237 N.J.Super. 102, 104, 567 A.2d 212 (App.Div.1988), rev'd on other grounds, 117 N.J. 495, 569 A.2d 770 (1989); In re A.B., 214 N.J.Super. 558, 560, 520 A.2d 783 (App.Div.1987), aff'd, 109 N.J. 195, 536 A.2d 240 (1988); In re T.E.T., 184 N.J.Super. 324, 326, 446 A.2d 177 (App.Div.1982), certif. denied, 94 N.J. 508, 468 A.2d 169 (1983), overruled on other grounds by State v. Lee, 96 N.J. 156, 475 A.2d 31 (1984). However, no appellate court has suggested that N.J.S.A. 2C:58-6.1 is the exclusive means of prosecuting a juvenile for unlawful possession of a firearm. Based on the foregoing, the adjudication of delinquency is affirmed.

STATE, IN INTEREST OF J.R. 165 N.J. Super. 346 (1979) 398 A.2d 150 STATE OF NEW JERSEY IN THE INTEREST OF: J.R., JUVENILE-APPELLANT. Superior Court of New Jersey, Appellate Division. Submitted January 16, 1979. Decided January 25, 1979. Messrs. Margolis & Bergstein, attorneys for appellant (Mr. Anthony J. Parrillo, of counsel and on the brief). Mr. Roger W. Breslin, Jr., Bergen County Prosecutor, attorney for respondent (Mr. Ihor G. Rakowsky,Assistant Prosecutor, on the brief). Before Judges CONFORD, PRESSLER and KING. [165 N.J. Super. 348] The opinion of the court was delivered by CONFORD, P.J.A.D., Retired (temporarily assigned). The juvenile appeals from a finding of delinquency based on two offenses: assault with "an offensive weapon" (his dog) within N.J.S.A. 2A:90-3, and malicious damage. He contends: (1) it was plain error as a matter of law and on the facts of record to hold that his dog was an offensive weapon within the intent of the statute; (2) there was insufficient evidence in the record to uphold the determination that he had committed malicious damage. We affirm. There was sufficient evidence to uphold the following findings. One afternoon Dominic Sardone took his six-year-old daughter and his German shepherd for a walk in a park near their home. The child began riding her bicycle on the basketball court while the dog ran into the nearby woods. After a while three boys, one of them the juvenile, entered the park with the juvenile's dog, Rusty. The boys and the dog sat on some bleachers about 15' to 20' away from the basketball court. The child ran back to her father, telling him that she was "scared." He put his arms around her and said she should not worry. As he did that he heard the juvenile say, "Sic'er. Sic'er." Rusty got up, ran toward Sardone and the child, showed his teeth, growled and began "stalking," that is, walking slowly toward the two people. He stopped about 10' away from Sardone. Sardone called his own dog out of the woods and, never taking his eyes off Rusty, put his dog's leash on and told his daughter to go home. As he began to leave the park, he heard the juvenile say, "sic'im, sic'im." Rusty, who had been lying still, got up, showed his teeth, growled, snarled and came toward Sardone again. Sardone kept backing away until he and his dog were out of the park. The statute alleged to have been violated, N.J.S.A. 2A:90-3, provides:

[165 N.J. Super. 349] Any person who willfully or maliciously assaults another with an offensive weapon or instrument * * * is guilty of a high misdemeanor. We know of no authority in this State for the contention advanced by the juvenile that in order for a weapon to come within the purview of that statute it must be designed to inflict death or bodily harm or, because of the manner in which it is used, be likely to produce death or great bodily harm. In State v. Drayton, 114 N.J.Super. 490 (App. Div. 1971), defendant was charged under this statute. He had pulled a gun, put it to his victim's chest and threatened to kill him. This court held that it was not necessary for the State to prove that the gun was loaded. It was only essential to show that the ordinary victim in such circumstances would have had a well-founded fear of bodily harm or death. In State v. Jones, 160 N.J.Super. 146 (App. Div. 1978), we upheld a conviction for assault with an offensive weapon where the defendant used a starter's pistol. Clearly such an instrument was neither designed to inflict harm nor was it, in any circumstances, likely to produce death or great bodily harm. Nor can we accept the contention that in order for an object to qualify as an offensive weapon or instrument under N.J.S.A. 2A:90-3 it must fall within the categories listed in N.J.S.A. 2A:151-5, the while-armed statute. In State v. Jones, supra, defendant claimed that he could not be found guilty of assault with an offensive weapon because the starter's pistol he had used was not a weapon proscribed by the statute which requires permits for firearms. We found the latter circumstance irrelevant. So here, it does not matter that the weapon did not fall within the proscription of some other section. Many cases in other jurisdictions have found that a great variety of objects can qualify as dangerous weapons. For example, in United States v. Barber, 297 F.Supp. 917 (D. [165 N.J. Super. 350] Del. 1969), rev'd in part on other grounds, 442 F.2d 517 (3 Cir.1971), the court found that a shoe could be an offensive weapon. It also listed a number of cases involving otherwise neutral objects: * * * Illustrating this principle, courts have held that "shoes on feet" can be a dangerous weapon, Medlin v. United States, 93 U.S. App. D.C. 64, 207 F.2d 33 (1953), cert. den. 347 U.S. 905, 74 S.Ct. 431, 98 L.Ed.1064 (1954), as well as a "wine bottle," Thornton v. United States, 106 U.S. App. D.C. 7, 268 F.2d 583(1959), a "rake," Eagleston v. United States, 172 F.2d 194, 12 Alaska 213 (C.A. 9), cert. den. 336 U.S. 952, 69 S.Ct. 882, 93 L.Ed. 1107 (1949), a "chair," United States v. Johnson, 324 F.2d 264 (C.A. 4, 1963), a "brick," State v. Perry, 226 N.C. 530, 39 S.E.2d 460 (1946), or a "chair leg," Wisniewski v. State, 51 Del.[Storey] 84, 138 A.2d 333, 341-342 (1957). [297 F. Supp. at 923] The most pertinent case is Commonwealth v. Tarrant, 2 Mass. App. 483, 314 N.E.2d 448 (App. Ct. 1974), aff'd 367 Mass. 411, 326 N.E.2d 710 (Sup. Jud. Ct. 1975). There defendant robbed his victim while armed with a knife and accompanied by his German shepherd dog. The dog was apparently capable of responding to defendant's commands because he came to

defendant when so ordered. 326 N.E.2d at 712. There was no proof that the dog had growled or threatened to attack the victim. Id. at 713. The Appeals Court said: * * * There can be little doubt that a dog (in this case a medium sized German shepherd) used for the purpose of intimidation or attack falls within the definition. That dogs can inflict severe injuries is recognized in our law * * *. It is common knowledge that dogs can be instructed to attack persons on command, thus being used as instruments of harm * * *. [314 N.E.2d at 451] The Massachusetts Supreme Judicial Court agreed that the dog could be considered a dangerous weapon in the circumstances. It held: * * * the issue, where a neutral object is involved, turns on whether the instrumentality under the control of the perpetrator has the [165 N.J. Super. 351] apparent ability to inflict harm, whether the victim reasonably so perceived it, and whether the perpetrator by use of the instrumentality intended to elicit fear in order to further the robbery. [326 N.E.2d at 715] We agree with the reasoning of that case and affirm the trial judge's holding that under the present facts the juvenile's dog was an offensive weapon. We also hold that there is sufficient credible evidence in the record to uphold the finding that the juvenile committed an assault with that weapon. The judge properly found that he unlawfully directed force toward another person under circumstances which created a well-founded fear of imminent peril and that there was an apparent ability to consummate the attempt. State v. Drayton, supra, 114 N.J. Super. at 493; State v. Still, 112 N.J.Super. 368, 370 (App. Div. 1970), certif. den. 57 N.J. 600 (1971). There was also more than enough evidence to find that the juvenile had thrown a beer bottle through the window of one of his neighbors. The malicious damage finding must therefore also be affirmed. Affirmed.

Expungements & Pardons

Landmark Cases in US Juvenile Justice Page 21 of 27

How to Expunge Your Criminal and/or Juvenile Record What is an Expungement? An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court. The New Jersey expungement law states in detail who is eligible for an expungement. You should review the current applicable provisions of N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 to determine if you are eligible. An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order. In general, these materials provide basic information about how to file a Petition for Expungement. These materials do not provide specific advice about a particular legal problem that you may have, and they are not a substitute for seeing a lawyer. If you encounter a problem, or are in doubt as to whether you need a lawyer, talk to one. NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guide, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (njcourts.com/prose/index.htm). However, you are ultimately responsible for the content of your court papers. Acknowledgment: The New Jersey Judiciary would like to acknowledge Legal Services of New Jersey for allowing us to modify their expungement guide. The work that you see in this Pro Se Expungement Package is largely a product of their efforts.

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Things to Think About Before You Represent Yourself in Court Try to Get a Lawyer The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may wish to contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under Legal Aid or Legal Services. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a lawyer referral service. The county bar lawyer referral service can supply you with the names of attorneys in your area who usually are willing to handle your particular type of case. Such attorneys are sometimes willing to consult with people in your situation at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. Keep Copies of All Papers Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case.

What You Should Expect If You Represent Yourself While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the rules of the court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help.  

      



  

We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge.

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Comparison of Adult and Juvenile Terms The table below compares commonly understood criminal terms to terms specific to juvenile delinquency matters. Juvenile delinquency matters should not be considered the same as adult criminal actions. The process for expunging juvenile records, however, is the same as that for expunging adult criminal matters. In fact, if you have both adult and juvenile records that you wish to expunge, you should include all matters in your expungement petition. Criminal Term

Juvenile Term

Arrest

Taking juvenile into custody

Conviction

Adjudication of delinquency

Sentence

Disposition

Indictment

No equivalent - A juvenile is charged with an offense without an indictment process

Jail, prison or incarceration

Secure facility, youth house or detention center or juvenile justice institution (specific names may vary)

Pretrial intervention program

Diversion - Juvenile Conference Committee or Intake Services Conference

Glossary of Terms Deferred Disposition:

In a deferred disposition, the court adjudicates the juvenile delinquent and sets forth conditions for the juvenile to meet. If the juvenile meets the terms of those conditions, then the disposition will be dismissed pursuant to the court's order.

Diversion:

A diversion is the process of removing minor juvenile cases from the full judicial process on the condition that the accused participates successfully in a rehabilitative process, such as a juvenile conference committee or a juvenile intake conference. If conditions entered into by these diversions are met, then it results in a dismissal of the case, and no appearance before a judge is required.

Indictable Offense:

A criminal offense that includes first, second, third and fourth degree crimes. An indictable offense does not include disorderly persons, petty disorderly persons or municipal ordinance violations.

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How to File for an Order to Expunge Your Criminal and/or Juvenile Record Locate Your Records In order to prepare your expungement petition and prove your eligibility, you will need to get the following information: 

The date of your arrest as an adult or when you were taken into custody as a juvenile.



The statute(s) and the offense(s) for which you were arrested, taken into custody as a juvenile, convicted or adjudicated delinquent.

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The original indictment, accusation, summons, docket number, warrant number or complaint number. Include all, if more than one.

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The date of the disposition, which could be the date of the conviction or adjudication of delinquency, date of not guilty verdict or date of dismissal.

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The specific punishment or other disposition.

If you had an attorney when you were arrested as an adult and/or taken into custody as a juvenile and charged, check first to see if he or she has this information in your case file; if so, this can save you quite a bit of time. If you must locate your records on your own for an indictable/criminal conviction or arrest, contact the Superior Court Criminal Case Management Office in the county where the arrest or conviction occurred and they will advise you how copies of those records can be obtained. A list of county Criminal Case Management Offices appears at the end of this guide.

If you must locate your records on your own for a juvenile delinquency matter, contact the Superior Court Family Division Office in the county where you were taken into custody as a juvenile, where charges were filed, or where the adjudication occurred, and they will advise you how copies of those records can be obtained. A list of county Family Division Offices appears at the end of this guide. If you were taken into custody as a juvenile and no charges were filed against you, you must contact the appropriate law enforcement agency for information related to that incident. You might also contact the county prosecutor. A list of county prosecutors' offices with addresses and telephone numbers appears at the end of this guide. Explain that you are interested in expunging your records and ask for the information listed above, or ask to look at your file if this is permitted. You may also be able to find information you need on disorderly persons offenses by contacting the clerk of the municipal court(s) in which you were prosecuted, or the police department involved in your arrest(s) as an adult or that took you into custody as a juvenile. If you cannot get all of the information, you need to follow Step 1 on the next page. The numbered steps that follow explain what forms you will need to fill out and what to do with them. Specific directions on filling out each form appear before each of the attached forms. Follow these directions carefully. Each form should be typed or clearly printed on 8 ½ " x 11" white paper only. Forms may not be filed on a different size or color paper.

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Step 1: Request State Police Criminal History Record â&#x20AC;&#x201C; Fingerprint Check This step is only necessary if you do not already have your criminal/juvenile history information about your arrests, charges and dispositions. In order to obtain your criminal/juvenile history record (also known as a rap sheet) from the New Jersey State Police you will need to be fingerprinted. The State Police use the electronic fingerprint scanning services of a private company, Sagem Morpho, Inc. You will need to contact Sagem Morpho, Inc. to schedule an appointment for fingerprinting. You can obtain additional information and schedule an appointment via the internet at bioapplicant.com/nj, or by calling their toll free telephone: 1-877-503-5981. Additional information about obtaining criminal/juvenile history record checks can also be obtained from the New Jersey State Police website njsp.org/about/serv_chrc.html, or by calling their Criminal Information Unit at 609-882-2000 ext. 2918. Note: The State Police will have a criminal/juvenile history only if you were fingerprinted when you were arrested. If you were not fingerprinted, and only a complaint was signed against you when you were arrested, you will still have a record with the police department and the court, but you will not have a record sheet within the Division of State Police, State Bureau of Investigation.

Step 2: Complete These Forms Form A - Petition For Expungement The Petition for Expungement states that you are requesting an Expungement Order and states why you qualify. Complete the Petition for Expungement Order by following the instructions for Form A. You must then file the petition in the county where you were arrested as an adult or taken into custody as a juvenile. If you were arrested as an adult or taken into custody as a juvenile in more than one county, contact the Criminal Case Management Office in either county and ask whether they will allow you to file for expungement of your entire record in that county. Next, you must complete the Verification page and sign it in the presence of a Notary Public because this page must bear a notary seal. Form B - Order For Hearing The Order for Hearing is used by the judge to schedule a hearing. The Superior Court judge assigned to your case will usually schedule a hearing between 35 and 60 days after he or she gets your petition. Fill out the Order for Hearing by following the instructions for Form B. Form C - Expungement Order The Expungement Order is the official document that will be signed by the judge if your Petition for Expungement is granted. Complete the Expungement Order by following the instructions for Form C.

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Step 3: File and Serve the Forms Make three (3) copies of your notarized Petition for Expungement (Form A), Order for Hearing (Form B), and proposed Expungement Order (Form C). The original and two (2) copies should be filed with the court. Keep one copy of each for your records.

Mail one copy of each, immediately, by certified mail, return receipt requested, to each of the following government agencies that were involved with your case(s): 

The Attorney General of New Jersey.



The Superintendent of State Police, Expungement Unit.



The County Prosecutor.

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The Clerk of the municipal court if a municipal court heard the matter.



The Chief of Police or other head of the police department where the offense was committed or the arrest was made.

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The chief law enforcement officer of any other law enforcement agency of the state that participated in the arrest.



The Warden or superintendent of any institution in which you were incarcerated.



The County Probation Division should be provided a copy if you were granted a conditional discharge, enrolled into the Pretrial Intervention Program, enrolled in a juvenile diversion program (juvenile conference committee or intake service conference), granted a deferred disposition, performed community service, owed fines or restitution or you served a term of probation.

Step 4: Distributing the Filed Copies



One copy of the Petition for Expungement, Order for Hearing, and the proposed Expungement Order will be mailed back to you marked “Filed” and assigned a “Docket Number.” The Order for Hearing will also state the time and the date for your hearing.

The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury.



The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters.

Form D - Cover Letter The Cover Letter is a form letter that describes to the Superior Court Criminal Case Management Office the contents of your package and the purpose of the enclosed forms. Fill in the blanks on the Cover Letter (Form D) and attach the Cover Letter to the originals and the two photocopies that you are filing (keep one copy of each for your records). Include two large self-addressed envelopes with the appropriate postage stamped on each envelope. These envelopes will be used to send filed copies of your package back to you. Mail this package to the Criminal Case Management Office in the county where the arrest and/or prosecution occurred. If you prefer, you may file this package in person. A list of the Criminal Case Management Offices where these forms should be mailed, along with telephone numbers, appears at the end of this guide. There is a filing fee of $52.50. Most offices do not accept personal checks, so you should include a money order or certified check made out to the Treasurer, State of N.J.

Immediately after receiving the filed copies from the court, make at least seven (7) copies of the Petition for Expungement, Order for Hearing, and the proposed Expungement Order.

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Step 4: Continued Form E - Cover Letter You may use the Cover Letter (Form E) when mailing the copies to these agencies. Fill in the blanks on the Cover Letter (Form E) and attach the Cover Letter to each set of copies. You should mail the copies of these forms right away, because the law requires service or mailing within five (5) days from the date that the Order for Hearing was signed. Mail them at the post office, by certified mail, return receipt requested. Form F - Proof of Notice After you have received the certified mail return receipt cards back from the post office, contact the Criminal Case Management Office, and ask the clerk whether the court requires that the proof of mailing be submitted at or prior to the hearing. If proof is required to be produced at the hearing, make sure that you bring the green certified mail return receipt cards and the Proof of Notice (Form F) to court with you on the day of the hearing. Complete the Proof of Notice form by following the instructions for Form F. If proof is required to be submitted prior to the hearing make sure that you bring or mail the green certified mail return receipt cards and the Proof of Notice (Form F) to the Criminal Case Management Office immediately. If you choose to mail this information to the court, you should send it by certified mail, return receipt requested.

Step 5: Go to the Hearing Arrive at the court on your assigned hearing date about 15 minutes early. (Not all counties require you to appear for the hearing. If your appearance is not required, you must mail the Proof of Notice and the green return receipt cards to the Criminal Case Management office where you filed your petition, at least one week before the scheduled hearing.) If you are required to appear, take your copies of the filed Petition for Expungement, the Expungement Order, and the green return receipt cards to the hearing (unless you previously filed them with the court). When you arrive at the court, tell the court clerk that you are there. If any law enforcement officers object to the expungement, they will tell the judge the reason. The judge may ask you some questions and will decide whether to grant or deny you an expungement. If there is no opposition, the judge will, in most cases, grant your expungement. If no law enforcement officers object to the expungement, the court may order the expungement of your records without a hearing. If this happens, you will receive a signed and filed Expungement Order in the mail. It is a good practice to call the court the day before the hearing to confirm that it is still on the court's calendar.

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Step 6: Distribute Your Finalized Expungement Order Immediately after you receive a copy of the Expungement Order signed by the judge and stamped "Filed" by the court, mail a copy of the Expungement Order, by certified mail, return receipt requested, to each of the following: 

The Attorney General of New Jersey.



The Superintendent of State Police, Expungement Unit.



The County Prosecutor.



The Clerk of the municipal court if a municipal court heard the matter.



The Chief of Police or other head of the police department where the offense was committed or the arrest was made.



The chief law enforcement officer of any other law enforcement agency of the state that participated in the arrest.



The Warden or superintendent of any institution in which you were incarcerated.



The Records Division of any institution in which you were incarcerated.



The Identification Bureau in the county where the arrest was made or where you were incarcerated (a list of County Identification Bureaus appears at the end of this guide).



Step 6: Continued 

The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury



The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters.

Form G - Cover Letter You may use this Cover Letter (Form G) when mailing the Expungement Order to these agencies. Fill in the blanks on the Cover Letter (Form G) and attach the Cover Letter to each set of copies. Keep the mailing receipts and the green cards that are returned to you as proof that the documents were received. In Conclusion As a final reminder, make sure that you have completely followed all of the steps required in this guide. This is very important because even though your records may be eligible for expungement, if you miss any of the required steps, your Petition for Expungement may be denied. In that case, you will have to start over. We have tried to explain as simply as possible the steps to get your records expunged. The forms that you can use are in the following section.

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Expungement Forms This section contains blank expungement forms and instructions. Follow the instructions in this guide and complete these forms with information about your case(s). The following forms and instructions are included in this guide:

Form A - Petition for Expungement The application to the court requesting that the court expunge your record.

Form B - Order for Hearing The document on which the court will schedule a hearing of your case.

Form C - Expungement Order The document to be signed by the judge if your Petition for Expungement is granted.

Form D - Cover Letter The form letter to be sent to the court when filing your Petition for Expungement, Order for Hearing and proposed Expungement Order.

Form E - Cover Letter The form letter to be sent when giving notice of the hearing.

Form F - Proof of Notice The document to be filed with the court after notice is given.

Form G - Cover Letter The form letter to be sent when giving notice that the expungement was granted.

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Instructions for Petition for Expungement (Form A) 1.

Fill in your name, address, telephone number, and Social Security number at the top left-hand corner of the form.

At the top right-hand corner, fill in the name of the county in which you will be filing the Petition for Expungement.

Do not fill in "Docket No." Leave this space blank. The court clerk will give you a docket number and will fill in the blank.

In the box where it states "In the Matter of the Expungement of the Criminal/Juvenile Records of _______," print your full name.

Where it states, "I, _______," fill in your full name.

Where it states "residing at," fill in your current address.

In paragraph 1, fill in your date of birth.

In paragraph 2, fill in the date you were arrested and the town where you were arrested. Include any arrests that may have occurred when you were a juvenile, whether they were sealed or unsealed. Then, fill in the name of the offense you were charged with and give the New Jersey statute under which you were arrested.

In paragraph 3, fill in the original indictment, accusation, summons, docket number, warrant number, or complaint number(s).

10.

In paragraph 4, fill this in ONLY if the charge against you was dismissed. If the charge was dismissed then fill in the date on which the charge was dismissed, the name of the charge that was dismissed, and the name of the court that dismissed the charge. Remember, if the charge against you was not dismissed, cross out paragraph 4 and go to paragraph 5.

11.

In paragraph 5, fill this in ONLY if you were convicted, adjudicated delinquent or pled guilty to the charges. Then, fill in the date on which you pled or were found guilty or adjudicated delinquent, the name of the offense you pled guilty to, and the law under which you pled guilty (example, N.J.S.A. 2C:33-4 (harassment)). Remember, this is the law under which you pled or were found guilty, not the law under which you were arrested. You must also include the sentence or disposition. For example, the sentence/disposition could have been jail/prison/incarceration time, a fine or probation, or a combination of these. You should indicate the date that you were released from jail/prison/incarceration, the date the fine was paid, and/or the date that probation or parole was completed in the spaces provided.

Note: All of your arrests, charges, or prosecutions, even those for which you are not seeking an expungement, must be listed in your petition.

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Instructions for Petition for Expungement (Form A) - Continued 12.

Fill in paragraphs 6-13 if you have any additional arrests, charges, or prosecutions. Otherwise, cross out the paragraphs that you do not use.

13.

Sign and print your name following paragraph 14 on the lines that state "your signature" and "your name printed."

14.

Complete the Verification page of the petition. You must sign this page in the presence of a Notary Public because this page must have a notary seal.

15.

On the first line of the Verification page, fill in your complete name.

16.

In paragraph 3 of the Verification page, if you are seeking expungement of a conviction/adjudication of an indictable offense, this sentence tells the court that you have never been granted expungement, sealing (the prior name for expungement in New Jersey), or other relief regarding a criminal conviction or adjudication of delinquency. If you ARE NOT seeking expungement of an indictable offense, cross out paragraph 3.

17.

Sign and print your name on the lines that indicate "your signature before a Notary" and "your name printed." You must sign this Verification page in the presence of a Notary who will then affix their seal to this page.

Note: Make sure that you fill in or cross out all the blank paragraphs that do not apply to you on Form A. The Petition must be signed at the end of paragraph 14 and at the bottom of the Verification page.

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Print All Forms

Clear All Forms

Petition for Expungement (Form A) Superior Court of New Jersey Law Division County

(your name)

(where you are filing)

Docket No.

(your address)

(clerk will fill in) (city, state, zip code) (your telephone number) (your social security number)

Appearing Pro Se

Civil Action

In the Matter of the Expungement of the Criminal/Juvenile Records of

Petition for Expungement

(your name)

, residing at (your name)

(address)

SAY. (address - continued)

1. My date of birth is

2. I was arrested/taken into custody on

, in

N.J. (municipality)

and charged with

, in (name of offense)

violation of N.J.S.A.

. (statute)

3. The original Indictment/Accusation/Summons/Warrant/Complaint/Docket number was . *4. On

, the charge of (name of offense)

was dismissed by

after conditional discharge, pretrial (name of court)

intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed. * If you did not have a conditional discharge, pretrial intervention, juvenile conference committee, intake service conference or deferred disposition, cross out "after conditional discharge, pretrial intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed." If you were convicted or adjudicated delinquent of the offense described above, cross out paragraph 4 completely. Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10171 (Petition for Expungement)

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Petition for Expungement (Form A - Continued) *5. On

, I was found guilty / adjudicated delinquent of the charge of , in violation of N.J.S.A. (name of offense)

(statute)

and was sentenced to

I completed jail/prison/ incarceration time on and I paid the fine on

; probation on

* If you were not found guilty or adjudicated delinquent, cross out paragraph 5 completely. If you were not sentenced to jail/prison time/incarceration, probation, or a fine, write "n/a" (not applicable) in the appropriate spaces.

If you have no other arrests, cross out numbers 6 through 13. 6. I was arrested/ taken into custody on

, in

, N.J. (municipality)

and charged with

, in (name of offense)

violation of N.J.S.A.

. (statute)

7. The original Indictment/Accusation/Summons/Warrant/Complaint/Docket number was . *8. On

, the charge of (name of offense)

was dismissed by

after conditional discharge, pretrial (name of court)

intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed. * If you did not have a conditional discharge, pretrial intervention program, juvenile conference committee, intake service conference or deferred disposition, cross out "after conditional discharge, pretrial intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed." If you were convicted or adjudicated delinquent of the offense described above, cross out paragraph 8 completely.

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Petition for Expungement (Form A - Continued) *9. On

, I was found guilty / adjudicated delinquent of the charge of , in violation of N.J.S.A. (name of offense)

(statute)

and was sentenced to

I completed jail/prison/ incarceration time on and I paid the fine on

; probation on

* If you were not found guilty or adjudicated delinquent, cross out paragraph 9 completely. If you were not sentenced to jail/prison/incarceration time, probation, or a fine, write "n/a" (not applicable) in the appropriate spaces.

If you have no other arrests, cross out numbers 10 through 13. 10. I was arrested/ taken into custody on

, in

N.J. (municipality)

and charged with

, in (name of offense)

violation of N.J.S.A.

. (statute)

11. The original Indictment/Accusation/Summons/Warrant/Complaint/Docket number was . *12. On

, the charge of (name of offense)

was dismissed by

after conditional discharge, pretrial (name of court)

intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed. * If you did not have a conditional discharge, pretrial intervention program, juvenile conference committee, intake service conference or deferred disposition, cross out "after conditional discharge, pretrial intervention program, juvenile conference committee, intake service conference or deferred disposition was successfully completed." If you were convicted or adjudicated delinquent of the offense described above, cross out paragraph 12 completely.

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Petition for Expungement (Form A - Continued) *13.On

, I was found guilty / adjudicated delinquent of the charge of , in violation of N.J.S.A. (name of offense)

(statute)

and was sentenced to

I completed jail/prison/ incarceration time on and I paid the fine on

; probation on

* If you were not found guilty or adjudicated delinquent, cross out paragraph 13 completely. If you were not sentenced to jail/prison/incarceration time, probation, or a fine, write "n/a" (not applicable) in the appropriate spaces.

NOTE:

14.

If you have additional arrests as an adult or were taken into custody as a juvenile by the police, you must re-draft this entire petition and include those arrests in the same form as this petition.

I request that this Court grant me an Expungement Order as authorized by N.J.S.A. 2C:52-1, et seq., directing the Clerk of the Court and all relevant criminal/juvenile justice and law enforcement services of the State of New Jersey to expunge from their records all evidence of the arrest/conviction/disposition (police record of when you were taken into custody as a juvenile/adjudication of delinquency/disposition) and all proceedings in this matter, and further directing any New Jersey law enforcement agency which sent records of the adult arrest/juvenile custody and proceedings to the Federal Bureau of Investigation or any other law enforcement agency outside of New Jersey to inform the recipient and the agencies designated to retain control of expunged records to take sufficient precautions to ensure that such records and information are not released. Respectfully submitted, Signed: (your signature) (your name printed)

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Verification (Form A - Continued) , of full age, being duly sworn (Your Name)

according to law, upon his oath deposes and says: 1.

I am the Petitioner in this matter and statements made in this Petition are true to the best of my knowledge.

There are no disorderly persons, petty disorderly persons, or indictable charges pending against me at this time.

I am seeking expungement of a conviction on a criminal case and I have never been granted an expungement of an indictable conviction by any state or federal court. (If you are not seeking expungement of an indictable offense, cross out #3.)

Signed: (your signature before a Notary) (your name printed)

Sworn to and subscribed before me this day of , (Notaryâ&#x20AC;&#x2122;s signature)

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Instructions for Order for Hearing (Form B) 1.

At the top left-hand corner, fill in your name and address.

At the top right-hand corner, fill in the county in which you will be filing your petition.

Do not fill in "Docket No." Leave this space blank. The court clerk will give you a docket number and will fill in the blank.

In the box where it states "In the Matter of the Expungement of the Criminal/Juvenile Records of _________," print your full name.

Where it states, "This matter having been opened to the Court upon the annexed Petition of _________," fill in your name.

Leave the lines blank in the paragraph that begins "IT IS ORDERED thisâ&#x20AC;Ś." The Court Clerk with fill in the date and time of the hearing.

On the line "The Prosecutor of _____________ County," fill in the county name where you were arrested as an adult or taken into custody as a juvenile. If you were arrested in more than one county, enter the names of each county.

On the lines "Clerk(s) of the __________ Municipal Court(s)" and "Chief(s) of the _____________ Police Department(s)," fill in the town where you were arrested as an adult or taken into custody as a juvenile. If you were arrested in more than one town, enter the names of each town.

On the line "Chief of the _________________ County Probation Division, fill in the county name for the probation division, if you were granted a conditional discharge, enrolled into the Pretrial Intervention Program, participated in a juvenile conference committee, participated in intake service conference, received a deferred disposition, performed community service, owed restitution or fines or you served a term of probation. If the probation division was not involved in your case, you may cross this off.

10.

On the lines "The Warden(s) of the __________________ Jail(s) / Prison(s)" and "The Superintendent(s) of ______________ (for juveniles only)," fill in the name(s) of the jail(s), place(s) of incarceration or prison(s) if you were incarcerated. If you were not incarcerated, you may cross this off.

11.

On the line "_________________ County Family Division,â&#x20AC;? fill in the county name if you are requesting the expungement of a juvenile delinquency matter. Otherwise, you may cross this off.

12.

Leave the space blank that states "Judge, Superior Court of New Jersey." This is where the judge will sign the order.

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ORDER FOR HEARING (Form B) Superior Court of New Jersey Law Division County

(your name)

(where you are filing)

Docket No.

(your address)

(clerk will fill in) (city, state, zip code)

Appearing Pro Se

Civil Action

In the Matter of the Expungement of the Criminal/Juvenile Records of

Order for Hearing

(your name)

This matter having been opened to the Court upon the annexed Petition of , and for good cause appearing; (your name)

IT IS ORDERED this day of , , that a Hearing before this Court is set for the day of , at o'clock .m. to determine whether an Order of Expungement shall be granted; IT IS FURTHER ORDERED that Petitioner shall send by certified mail, copies of this Order and Petition to the following officials within five (5) days of this Order: The Attorney General of New Jersey The Superintendent of the New Jersey State Police, Expungement Unit The Prosecutor of

County

Clerk(s) of the

Municipal Court(s),

Chief(s) of the

Police Department(s),

Chief of the

County Probation Department

The Warden of the

Jail/Prison

The Superintendent of

(for juveniles only) County Family Division

The Division of Criminal Justice, Records and Identification Unit

Judge, Superior Court of New Jersey

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Instructions for Expungement Order (Form C) 1.

At the top left-hand corner, fill in your full name and address.

At the top right-hand corner, indicate the county in which you will be filing your petition.

Do not fill in "Docket No." leave this space blank. The court clerk will give you a docket number and will fill in the blank.

In the box where it states, "In the Matter of the Expungement of the Criminal/Juvenile Records of _______________," print your full name.

In the first paragraph of the Expungement Order, after "…Verified Petition of," print your full name, date of birth and social security number where it is indicated.

Leave the next three spaces blank where it states "IT IS ORDERED this ___ day of __________, ______________." They will be filled in by the court.

10.

11.

On the lines "Deputy Clerk of the Superior Court of New Jersey, _________________ County" fill in the county or counties where your records will be expunged.

12.

After "all information relating to," print where indicated your complete name.

13.

Fill in the dates you were arrested and the law(s) under which you were arrested. If you have more than three arrests, attach a separate sheet of paper with the information about the additional arrests.

14.

Leave the signature line on the next page blank. This is where the judge will sign the order.

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Expungement Order (Form C) Superior Court of New Jersey Law Division County

(your name)

(where you are filing)

Docket No.

(your address)

(clerk will fill in) (city, state, zip code)

Appearing Pro Se

Civil Action

In the Matter of the Expungement of the Criminal/Juvenile Records of

Expungement Order

(your name)

This matter having been opened to the Court upon the Verified Petition of whose date of birth is (your name)

and (birth date)

social security number is

, and it appearing that the requirements for (your social security number)

Expungement under N.J.S.A. 2C:52-1, et seq. have been satisfied; IT IS ORDERED this

day of

, that the

The Attorney General of New Jersey The Superintendent of the New Jersey State Police, Expungement Unit The Prosecutor of

County

Clerk(s) of the

Municipal Court(s),

Chief(s) of the

Police Department(s),

Chief of the

County Probation Department

The Warden of the

Jail/Prison

The Superintendent of

(for juveniles only)

Deputy Clerk of the Superior Court of New Jersey,

County, remove

from their records all information relating to

's (your name)

(1)

;

arrest/custody on the charge of violating N.J.S.A. (date of arrest)

(2)

(statute)

;

arrest/custody on the charge of violating N.J.S.A. (date of arrest)

(3)

(statute)

;

arrest/custody on the charge of violating N.J.S.A. (date of arrest)

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(statute)

page 20 of 34

EXPUNGEMENT ORDER (Form C â&#x20AC;&#x201C; Continued) and remove all records concerning the subsequent criminal and/or juvenile proceedings regarding such charge(s), including any conviction(s), adjudication(s) of delinquency or disposition(s), if applicable, and place such information in the control of a person within the office designated to retain control over expunged records. IT IS FURTHER ORDERED that any of the above officers or agencies which sent fingerprints and/or any records of the above arrest/conviction/adjudication/disposition and proceedings to the Federal Bureau of Investigation or any other office or agency shall notify same of this Order and that the agencies designated to retain such records take sufficient precautions to insure that such records and information are not released. IT IS FURTHER ORDERED that any records, or the information therein, shall not be released except as provided under the provision of N.J.S.A. 2C:52-1, et seq. and that the persons designated to retain control over expunged records take sufficient precautions to insure that such records and information are not released. IT IS FURTHER ORDERED that in response to requests for information or records, the court office or law enforcement agency shall reply with respect to the arrest/conviction/adjudication/disposition, which is the subject of this Order, that there is no record. IT IS FURTHER ORDERED that the arrest/conviction/adjudication/disposition, which is the subject of this Order, shall be deemed, in contemplation of law, not to have occurred, and the Petitioner may answer accordingly any question relating to this occurrence except as provided in N.J.S.A. 2C:52-27. IT IS FURTHER ORDERED that this Order does not expunge the records contained in the Controlled Dangerous Substances Registry created pursuant to P.L. 1970, c. 227 (C.26:2G-17 et seq.) or the registry created by the Administrative Office of the Courts pursuant to N.J.S.A. 2C:43-21.

Judge, Superior Court of New Jersey

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Instructions for Cover Letter (Form D) 1.

At the top right-hand corner of the page, fill in the date.

At the top-left-hand corner, print the county and the mailing address of the Criminal Case Management Office where you are filing your petition papers. (A list of County Criminal Case Management Offices appears at the end of this guide).

On the line that states "your name," print your full name.

In the bottom right-hand corner, sign your name on the line that states "Your signature" and then print your name and mailing address where indicated.

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Cover Letter to Court When Filing Papers (Form D)

(date)

Clerk, Superior Court of New Jersey (county) (address) (city, state, zip code)

Re:

In the Matter of the Expungement of the Criminal/Juvenile Records of: (your name)

Dear Sir or Madam: Enclosed are an original and two copies of a Petition, Order for Hearing and Proposed Final Order in this matter. Kindly submit them to the appropriate Judge and return copies marked "Filed." Thank you. Sincerely, (your signature) (your name) (address) (city, state, zip code) Enc:

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Instructions for Cover Letter (Form E) 1.

At the top right-hand corner of the page, fill in the date.

Fill in the addresses you have located for each applicable agency that was involved with your case(s). Some of the addresses have been provided for you.

On the line that states "Expungement Hearing: (date), (time)," fill in the date and time that appear on your copy of the Order for Hearing.

On the line that states "Docket No.," fill in the docket number that appears in the upper right-hand corner of your filed copies of the Petition for Expungement, the Order for Hearing, and the proposed final order (Expungement Order).

In the bottom right-hand corner, sign your name on the line that states "your signature" and then print your name and mailing address where indicated.

To fill in the “Certified Mail No.” on the last line of Form E, you must first prepare this package for mailing and purchase the certified mailing postage. Fill in the “Certified Mail No.” from the certified mail receipt you received from the post office. Please note that a separate certified mail number must accompany each Form E that you mail. Therefore, you must purchase/secure more than one certified mail card/receipt from the post office if you are mailing Form E to multiple agencies and/or locations.

Attach a copy of this Cover Letter (Form E) to each copy of the filed expungement package and mail a package via certified mail return receipt requested, to each agency.

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Cover Letter (Form E) (date)

Attorney General, State of New Jersey Hughes Justice Complex Post Office Box 080 Trenton, NJ 08625

Superintendent, State Police Expungement Unit Post Office Box 7068 West Trenton, NJ 08628

Prosecutor,

Municipal Court Clerk (address)

(address)

(city, state, zip code)

Chief of Police,

Warden/Jail (name of jail/prison) (address)

(address)

(city, state, zip code)

County Probation Office

Superintendent (name of place of incarceration)

(address)

(city, state, zip code)

County Sheriff,

Division of Criminal Justice Records and Identification Unit 25 Market Street Post Office Box 085 Trenton, New Jersey 08625

(address) (city, state, zip code)

County Family Division (address) (city, state, zip code)

Re: Expungement Hearing:

at (date)

Docket No. (time)

Dear Sir or Madam: Enclosed are copies of the Petition for Expungement, Order for Hearing, and proposed Final Order in this matter. Sincerely, (your signature) (your name) (address) (city, state, zip code)

Certified Mail No.

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10175 (Cover Letter)

page 25 of 34

Instructions for Proof of Notice (Form F) This form is to be used only if the proof of mailing of the filed expungement package to each agency is required to be submitted to the court prior to the court hearing. Submit this form pursuant to the clerk's instructions. 1.

In the upper left-hand corner, print your full name and address.

In the upper right-hand corner, fill in the county in which you filed the petition.

Fill in the docket number.

In the box where it states "In the Matter of the Expungement of the Criminal/Juvenile Records of _________," print your full name.

Fill in the date that you mailed copies of the filed Petition for Expungement, the Order for Hearing, and the proposed Expungement Order to each agency. The date will be found on your certified mail receipts.

Fill in the location (town or county) for each agency to which you sent your expungement package.

Sign and date this form at the bottom.

Mail Form F, along with the certified mail receipts, to the Court where your hearing is scheduled. Keep a copy of Form F and your certified mail receipts for your records.

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10176 (Proof of Notice)

page 26 of 34

Proof of Notice (Form F) Superior Court of New Jersey Law Division County

(your name)

(where you are filing)

Docket No.

(your address)

(fill in docket number) (city, state, zip code)

Appearing Pro Se

Civil Action

In the Matter of the Expungement of the Criminal/Juvenile Records of

Proof of Notice

(your name)

, I mailed a copy of the Petition for Expungement, Order for Hearing (date)

and Proposed Final Order by way of certified mail, return receipt requested to the following: The Attorney General of New Jersey The Superintendent of the New Jersey State Police, Expungement Unit The Prosecutor of

County

Chief(s) of the

Police Department(s)

Clerk(s) of the

Municipal Court(s)

The Warden of the

Jail/Prison

The Superintendent of The

(for juveniles only) County Probation Division

The Division of Criminal Justice, Records and Identification Unit Enclosed are the certified mail receipts that were returned to me.

(your signature)

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10176 (Proof of Notice)

(date)

page 27 of 34

Instructions for Cover Letter (Form G) 1. At the top right-hand corner of the page, fill in the date. 2. Next, fill in the addresses for each applicable agency that you want to notify that your record has been expunged. 3. On the line that states "your name," print your full name as it appears on your Expungement Order. 4. On the line that states "docket no.," fill in the docket number that appears on your Expungement Order. 5. In the bottom right-hand corner, sign your name on the line that states "your signature" and then print your name and mailing address where indicated. 6. To fill in the “Certified Mail No.” on the last line of Form G, you must first prepare this package for mailing and purchase the certified mailing postage. Fill in the “Certified Mail No.” from the certified mail receipt you received from the post office. 7. Please note that a separate certified mail number must accompany each Form G that you mail. Therefore, you must purchase/secure more than one certified mail card/receipt from the post office if you are mailing Form G to multiple agencies and/or locations. 8. Attach a copy of this Cover Letter (Form G) to each copy of the signed and filed Expungement Order and mail it via certified mail, return receipt requested, to each agency.

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10177 (Cover Letter)

page 28 of 34

Cover Letter (Form G) (date)

Attorney General, State of New Jersey Hughes Justice Complex Post Office Box 080 Trenton, NJ 08625

Superintendent, State Police Expungement Unit Post Office Box 7068 West Trenton, NJ 08628

Prosecutor,

Municipal Court Clerk (address)

(address)

(city, state, zip code)

Chief of Police,

Warden/Jail (name of jail/prison) (address)

(address)

(city, state, zip code)

County Probation Office

Superintendent (name of place of incarceration)

(address)

(city, state, zip code)

County Identification Bureau, (address) (city, state, zip code)

Division of Criminal Justice Records and Identification Unit 25 Market Street Post Office Box 085 Trenton, New Jersey 08625

County Family Division (address) (city, state, zip code)

Re:

In the Matter of the Expungement of the Criminal/Juvenile Records of (your name)

(docket no.)

Dear Sir or Madam: Enclosed is a copy of an Expungement Order. Please take the appropriate action to see that these records are expunged. Sincerely, (your signature) (your name) (address) (city, state, zip code)

Certified Mail No. Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Form Revised: 04/2009, CN 10177 (Cover Letter)

page 29 of 34

Criminal Case Management Offices All Counties: Filing fee: $52.50, Payee: State of N.J. Treasurer Atlantic County

Gloucester County

Ocean County

Superior Court of Atlantic County Expungement Clerk 4997 Unami Blvd Mays Landing, NJ 08330 (609) 909-8147

Criminal Case Manager 70 Hunter St Woodbury, NJ 08096 (856) 686-7500

Ocean County Superior Court Criminal Case Processing 120 Hooper Ave Toms River, NJ 08753 (732) 929-4780

Bergen County

Hudson County

Passaic County

Criminal Case Management Office Bergen County Justice Center Rm 119 10 Main St Hackensack, NJ 0760 (201) 795-6701

Criminal Records Criminal Case Management Administration Bldg 595 Newark Ave, Rm 104 Jersey City 07306 (201) 217-5217

Superior Court Criminal Division 77 Hamilton St, 2nd Fl Paterson, NJ 07505 (973) 247-8402

Burlington County

Hunterdon County

Salem County

Burlington County Courthouse Processing Office 49 Rancocas Rd, 1st Fl Mount Holly, NJ 08060 (609) 518-2573

Criminal Division Hunterdon Justice Center 65 Park Ave Flemington, NJ 08822 (908) 237-5840

Criminal Case Management 92 Market St Salem, NJ 08079 (856) 935-7510, Ext. 8279

Camden County

Mercer County

Somerset County

Hall of Justice Expungement Section 101 South 5th St Camden, NJ 08103 (856) 379-2200 ext. 3364

Mercer County Superior Court Criminal Records Expungement Unit 209 South Broad St, Rm 200 Trenton, NJ 08650 (609) 571-4127

Criminal Case Management 20 North Bridge St PO Box 3000 Somerville, NJ 08876 (908) 231-7600 Ext. 7628

Cape May County

Middlesex County

Sussex County

Criminal Case Management 9 North Main St Cape May Court House NJ 08210 (609) 463-6550

Middlesex County Court House Criminal Records 56 Paterson St PO Box 964 New Brunswick, NJ 08903-0964 (732) 519-3859

Sussex County Judicial Center Criminal Division 43-47 High St Newton, NJ 07860 (973) 579-0933

Cumberland County

Monmouth County

Union County

Criminal Case Manager 60 W Broad St Bridgeton, NJ 08302 (856) 453-4300

Monmouth County Superior Court Criminal Division 71 Monument Park PO Box 1271 Freehold, NJ 07728 (732) 677-4500

Criminal Division 2 Broad St Elizabeth, NJ 07207 (908) 659-4660

Essex County

Morris County

Warren County

Veterans Courthouse Criminal Records Office 50 West Market St Rm 1012 Newark, NJ 07102 (973) 693-5965

Superior Court of New Jersey Criminal Records Department PO Box 910 Morristown, NJ 07963 (973) 326-6950

Criminal Case Management PO Box 900 Belvidere, NJ 07823 (908) 475-6990

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Address Lists Revised: 1/21/2014, CN: 11664 (Expungement Kit Address Lists - Criminal Case Management Offices)

page 30 of 34

County Prosecutor Offices Atlantic County

Gloucester County

Ocean County

4997 Unami Blvd PO Box 2002 Mays Landing, NJ 08330 Phone: (609) 909-7800 Fax: (609) 909-7802

PO Box 623 Woodbury, NJ 08096 Phone: (856) 384-5500 Fax: (856) 384-8624

119 Hooper Ave PO Box 2191 Toms River, NJ 08754 Phone: (732) 929-2027 Fax: (732) 506-5088

Bergen County

Hudson County

Passaic County

Justice Center 10 Main St Hackensack, NJ 07601-7681 Phone: (201) 646-2300 Fax: (201) 646-3794

Administration Building 595 Newark Ave, 6th Fl Jersey City, NJ 07306 Phone: (201) 795-6400 Fax: (201) 795-3365

Administration Building 401 Grand St Paterson, NJ 07505 Phone: (973) 881-4800 Fax: (973) 225-0155

Burlington County

Hunterdon County

Salem County

County Courts Facility 49 Rancocas Rd PO Box 6000 Mount Holly, NJ 08060 Phone: (609) 265-5035 Fax: (609) 265-5007

Justice Center 65 Park Ave PO Box 756 Flemington, NJ 08822-0756 Phone: (908) 788-1129 Fax: (908) 806-4618

87 Market St PO Box 462 Salem, NJ 08079 Phone: (856) 935-7510 Ext. 8333 Fax: (856) 935-8737

Camden County

Mercer County

Somerset County

25 North 5th St Camden, NJ 08102-1231 Phone: (856) 225-8400 Fax: (856) 963-0080

County Court House 209 South Broad St, 3rd Fl PO Box 8068 Trenton, NJ 08650 Phone: (609) 989-6350 Fax: (609) 989-0161

40 North Bridge St PO Box 3000 Somerville, NJ 08876 Phone: (908) 231-7100 Fax: (908) 704-0056

Cape May County

Middlesex County

Sussex County

Crest Haven Complex 4 Moore Rd 110 Justice Way Cape May Court House NJ 08210 Phone: (609) 465-1135 Fax: (609) 465-1347

25 Kirkpatrick St, 3rd Fl New Brunswick, NJ 08901 Phone: (732) 745-3300 Fax: (732) 745-2791

19-21 High St Newton, NJ 07860 Phone: (973) 383-1570 Fax: (973) 383-4929

Cumberland County

Monmouth County

Union County

43 Fayette St Bridgeton, NJ 08302 Phone: (856) 453-0486 Fax: (856) 451-1507

132 Jerseyville Ave Freehold, NJ 07728 Phone: (732) 431-7160 Fax: (732) 409-3673

32 Rahway Ave Elizabeth, NJ 07202-2115 Phone: (908) 527-4500 Fax: (908) 289-1267

Essex County

Morris County

Warren County

Veterans Courthouse 50 West Market St Newark, NJ 07102 Phone: (973) 621-4700 Fax: (973) 621-4560

Administration & Records Building PO Box 900 Morristown, NJ 07963-0900 Phone: (973) 285-6200 Fax: (973) 285-6226

Court House 413 Second St Belvidere, NJ 07823 Phone: (908) 475-6275

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Address Lists Revised: 11/29/2012, CN: 11663 (Expungement Kit Address Lists - County Prosecutor Offices)

page 31 of 34

County Identification Bureaus Atlantic County

Gloucester County

Ocean County

Atlantic County Sheriff 4997 Unami Blvd Mays Landing, NJ 08330 Attention: I.D. Bureau

Gloucester County Sheriff Criminal Justice Complex PO Box 376 Woodbury, NJ 08096

Ocean County Sheriff 120 Hooper Ave Toms River, NJ 08753 Attention: I.D. Bureau

Bergen County

Hudson County

Passaic County

Bureau of Criminal Identification Bergen County Sheriff 160 South River St Hackensack, NJ 07601

Hudson County Sheriff Administration Building 595 Newark Ave Jersey City, NJ 07306 Attention: B.C.I.

Passaic County Sheriff Criminal Identification Bureau 11 Sheriff's Plz Paterson, NJ 07501

Burlington County

Hunterdon County

Salem County

Burlington County Sheriff 49 Rancocas Rd Mount Holly, NJ 08060 Attention: Expungement

Hunterdon County Sheriff PO Box 2900 Flemington, NJ 08822 Attention: I.D. Bureau

Salem County Sheriff Identification Bureau 94 Market St Salem, NJ 08079

Camden County

Mercer County

Somerset County

Camden County Sheriff PO Box 769 Camden, NJ 08101 Attention: I. D. Bureau

Mercer County Sheriff PO Box 8068 Trenton, NJ 08650

Somerset County Sheriff PO Box 3000 Somerville, NJ 08876 Attention: I.D. Bureau

Cape May County

Middlesex County

Sussex County

Cape May County Sheriff 4 Moore Rd Cape May Court House, NJ 08210 Attention: I.D. Bureau

Middlesex County Sheriff 701 Livingston Ave New Brunswick, NJ 08901 Attention: Records

Sussex County Sheriff 39 High St Newton, NJ 07860 Attention: Records

Cumberland County

Monmouth County

Union County

Cumberland County Sheriff 220 North Laurel St Bridgeton, NJ 08302 Attention: I.D. Bureau

Monmouth County Criminal Identification Bureau 50 East Main St Freehold, NJ 07728

Union County Sheriff 10 Elizabethtown Plz Elizabeth, NJ 07207 Attention: I.D. Bureau

Essex County

Morris County

Warren County

Essex County Sheriff Veterans Courthouse 50 West Market St Newark, NJ 07102

Morris County Sheriff PO Box 900 Morristown, NJ 07963-900 Attention: C.I.D.

Warren County Sheriff 413 2nd Street Courthouse Belvidere, NJ 07823 Attention: Warrant Officer

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Address Lists Revised: 11/2/2012, CN: 11662 (Expungement Kit Address Lists - County Identification Bureaus)

page 32 of 34

DIRECTORY OF SUPERIOR COURT FAMILY DIVISION OFFICES Below is a list of addresses and phone numbers for every Family Division in New Jersey. You must send your Motion to Increase or Decrease Child Support or Alimony Payments to the county where you are filing your case. Use this list of addresses to find the appropriate Superior Court to file your case.

Atlantic County

Gloucester County

Ocean County

Atlantic County Civil Courthouse Family Division, Direct Filing 1201 Bacharach Blvd., West Wing Atlantic City, NJ 08401 (609)-345-6700

Family Division Gloucester County Justice Complex 70 Hunter Street Woodbury, NJ 08096 (856)-686-7400

Ocean County Dissolution Unit 214 Justice Complex 120 Hooper Avenue Toms River, NJ 08754 (732)-929-2033

Bergen County

Hudson County

Passaic County

Justice Center, Room 119 10 Main Street Hackensack, NJ 07601 (201)-527-2300

Family Intake Team Administration Bldg., Room 203 595 Newark Avenue Jersey City, NJ 07306 (201)-795-5668

Passaic County Superior Court Family Part County Administration Bldg. 8th Floor 401 Grand Street Paterson, NJ 07505 (973)-247-8459

Burlington County

Hunterdon County

Salem County

Burlington County Central Processing Office Attention: Dissolution Intake Courts Facility, 1st Floor 49 Rancocas Road Mount Holly, NJ 08060 (609)-518-2621

Family Case Management Office Hunterdon County Justice Center 65 Park Avenue Flemington, NJ 08822

Family Court Intake Courthouse 92 Market St. P.O. Box 223 Salem NJ 08079 (856)-935-7510

Camden County

Mercer County

Somerset County

Camden County Family Division Hall of Justice 2nd Floor 101 S. 5th Street Camden, NJ 08103-4001 (856) 379-2204

Family Case Management Office 175 S. Broad St., 2nd Floor P.O. Box 8068 Trenton, NJ 08650-0068 (609) -571-4200

Family Case Management Office Courthouse, 2nd Floor P.O. Box 3000 Somerville, NJ 08876-1262 (908)-231-7600

Cape May County

Middlesex County

Sussex County

Superior Court Chancery, Family Part 4 Moore Road Cape May Courthouse, NJ 08210 (609)-463-6600

Family Part Intake Reception Team Family Courthouse 120 New St. P.O. Box 2691 New Brunswick, NJ 08903-2691 (732)-981-3008

Sussex County Family Division Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 (973)-579-0630

Cumberland County

Monmouth County

Union County

Cumberland County Family Division 60 W. Broad St. Bridgeton, NJ 08302 856-453-4564

Family Part, Courthouse 71 Monument Park P.O. Box 1252 Freehold, NJ 07728-1252 (732)-677-4050

Dissolution Assignment Office New Annex Bldg.; Courthouse 2 Broad Street Elizabeth, NJ 07207 (908)-659-3314

Essex County

Morris County

Warren County

Family Division Dissolution Unit Wilentz Justice Complex, Room 113 212 Washington Street Newark, NJ 07102 (973)-693-6710

Morris County Family Division Family Division Dissolution Unit Morris County Courthouse Family Intake Courthouse Washington and Court Streets 413 Second St.; P.O. Box 910 P.O. Box 900 Morristown, NJ 07963 Belvidere, NJ 07823-1500 973-656-4346 (908)-475-6150

Family Division Non-Dissolution Unit Wilentz Justice Complex, Room 1365 212 Washington Street Newark, NJ 07012 (973)-693-5560 or (973)-693-5520

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Revised 01/15/2013, CN 11297-English

page 33 of 34

Probation Division Offices Atlantic County

Gloucester County

Ocean County

Vicinage Chief Probation Officer Atlantic County Probation Division 1201 Bacharach Blvd PO Box 5129 Atlantic City, NJ 08404

Vicinage Chief Probation Officer Gloucester County Probation Division PO Box 638 Woodbury, NJ 08096

Vicinage Chief Probation Officer Ocean County Probation Division 120 Hooper Ave Toms River, NJ 08754

Bergen County

Hudson County

Passaic County

Vicinage Chief Probation Officer Bergen County Probation Division 133 River St Hackensack, NJ 07601

Vicinage Chief Probation Officer Hudson County Probation Division 595 Newark Ave, Rm 406 Jersey City, NJ 07306

Vicinage Chief Probation Officer Passaic County Probation Division 63-65 Hamilton St Paterson, NJ 07505

Burlington County

Hunterdon County

Salem County

Vicinage Chief Probation Officer Burlington County Probation Division 50 Rancocas Rd PO Box 6555 Mt. Holly, NJ 08060

Vicinage Chief Probation Officer Hunterdon County Probation Division 65 Park Ave Flemington, NJ 08822

Vicinage Chief Probation Officer Salem County Probation Division 85 Market St Salem, NJ 08079

Camden County

Mercer County

Somerset County

Vicinage Chief Probation Officer Camden County Probation Division 6 Executive Campus, Ste 300, Rte 70 PO Box 8107 Cherry Hill, NJ 08002

Vicinage Chief Probation Officer Mercer County Probation Division 175 South Broad St PO Box 8068 Trenton, NJ 08650-0068

Vicinage Chief Probation Officer Somerset County Probation Division North Bridge & Main St PO Box 3000 Somerville, NJ 08876-1262

Cape May County

Middlesex County

Sussex County

Vicinage Chief Probation Officer Cape May County Probation Division Courthouse 9 Main St Cape May Courthouse, NJ 08210-1601

Vicinage Chief Probation Officer Middlesex County Probation Division 1 JFK Sq Administration Bldg. P.O. Box 789 New Brunswick, NJ 08903

Vicinage Chief Probation Officer Sussex County Probation Division 43-47 High St Newton, NJ 07860

Cumberland County

Monmouth County

Union County

Vicinage Chief Probation Officer Cumberland County Probation Division Court House PO Box 636 Bridgeton, NJ 08302

Vicinage Chief Probation Officer Monmouth County Probation Division 2407 Rte 66 Ocean, NJ 07712

Vicinage Chief Probation Officer Union County Probation Division 1143-45 East Jersey St Elizabeth, NJ 07207

Essex County

Morris County

Warren County

Vicinage Chief Probation Officer Essex County Probation Division 60 Evergreen Pl, 8th Fl East Orange, NJ 07018

Vicinage Chief Probation Officer Morris County Probation Division Courthouse PO Box 910 Morristown, NJ 07963-0910

Vicinage Chief Probation Officer Warren County Probation Division 413 2nd St PO Box 900 Belvidere, NJ 07823-1500

Kit Revised: 04/2009, CN 10557 (How to Expunge Your Criminal and/or Juvenile Record) Address List Revised: 11/2/2012, CN 11307 (Expungement Kit Address Lists - Probation Division Offices)

page 34 of 34

The [US] Office of Juvenile Justice and Delinquency Prevention

Landmark Cases in US Juvenile Justice Page 22 of 27

Office of Juvenile Justice & Delinquency Prevention (US) http://www.ojjdp.gov/

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) provides national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP supports states and communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects public safety, holds offenders accountable, and provides treatment and rehabilitative services tailored to the needs of juveniles and their families.

Landmark Cases in US Juvenile Justice Page 23 of 27

The Statistical Briefing [Hand] Book



Easy Access to Juvenile Populations now includes data through 2012 on national, state, and county population estimates.



Easy Access to the Census of Juveniles in Residential Placement, which provides information, such as youth demographics, length of stay, and most serious offense; and Easy Access to the FBI‟s Supplementary Homicide Reports, which provides victim and offender demographics, now include national and state data through 2011.



Answers to frequently asked questions (FAQs) on juvenile homicide victims and juvenile homicide offenders now include data for 2011. Also available are answers to new FAQs on the Organization & Administration of Delinquency Services.

Landmark Cases in US Juvenile Justice Page 24 of 27

Notes ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Landmark Cases in US Juvenile Justice Page 25 of 27

Notes ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Landmark Cases in US Juvenile Justice Page 26 of 27

Landmark Cases in US Juvenile Justice Page 27 of 27